Eastern District of Virginia • 1:26-cv-00479

Gonzalez Gutierrez v. Perry

Completed

Case Information

Filed: February 18, 2026
Assigned to: Rossie David Alston Jr.
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: February 24, 2026
Last Activity: March 10, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 18, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BVAEDC-10792334.), filed by Byron Gonzalez Gutierrez. (Attachments: # 1 Exhibit Immigration Documents, # 2 Proposed Order, # 3 Civil Cover Sheet)(Brown, Timothy) (Entered: 02/18/2026)
Main Document: First
Feb 18, 2026
Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (swil)
#2
Feb 19, 2026
ORDERED that Petitioner IS NOT to be removed or transferred from this District for any reason without this Court's permission for the duration of this habeas case. ORDERED that on or before 5:00 PM on Tuesday, February 24, 2026, the Federal Respondents file either a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Ceba Cinta v. Noem, et al., 1:25-cv-1818 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Ceba Cina and this Petition. ORDERED that, if the Federal Respondents file a Notice that there are no material differences between this Petition and Ceba Cinta, each of the substantive filings in that habeas proceeding will be incorporated into this habeas proceeding, and this Court will issue a ruling without further filings from the parties. ORDERED that, if the Federal Respondents file an Opposition to the Petition, Petitioner shall file any reply in further support of the Petition on or before 5:00 PM on Friday, February 27, 2026. Signed by District Judge Rossie D. Alston, Jr on 2/19/2026. (kgall) (Entered: 02/19/2026)
Main Document: ORDERED
#3
Feb 24, 2026
NOTICE of Appearance by Elizabeth Anne Spavins on behalf of Pamela Bondi, Russell Hott, Kristi Noem (Spavins, Elizabeth) (Entered: 02/24/2026)
Main Document: NOTICE
#4
Feb 24, 2026
Response to 2 Order,,,, filed by Pamela Bondi, Russell Hott, Kristi Noem. (Spavins, Elizabeth) (Entered: 02/24/2026)
Main Document: Response
#5
Feb 24, 2026
ORDERED that Petition is GRANTED. ORDERED that Petitioner be provided with a bond hearing by an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within seven days of this order. ORDERED that Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). ORDERED that in the event Petitioner is released on bond by an Immigration Judge, Respondents are ENJOINED from rearresting Petitioner, unless (1) he has committed a new violation of any federal, state, or local law, (2) he has failed to attend any properly noticed immigration or court hearing, (3) he is subject to detention pursuant to a final order of removal, or (4) the order granting bond is vacated or revoked on a ground other than that Petitioner is detained under § 1225(b)(2). Signed by District Judge Rossie D. Alston, Jr on 2/24/2026. (kgall) (Entered: 02/24/2026)
Main Document: ORDERED
#6
Mar 04, 2026
Emergency MOTION to Enforce Judgment / Habeas Order by Byron Gonzalez Gutierrez. (Attachments: # 1 Affidavit, # 2 Exhibit Immigration Documents)(Brown, Timothy) Modified to correct docket text on 3/4/2026 (swil). (Entered: 03/04/2026)
Main Document: Emergency MOTION
#7
Mar 04, 2026
ORDERED that Petitioner IS NOT to be removed or transferred from this District for any reason without this Court's permission pending resolution of the Motion. ORDERED that, on or before 5:00 PM on Tuesday, March 10, 2026, the Federal Respondents file a response addressing Petitioner's Motion (Dkt. 6). ORDERED that Petitioner shall file any reply in further support of his requests for relief on or before 5:00 PM on Friday, March 13, 2026. Signed by District Judge Rossie D. Alston, Jr on 3/4/2026. (kgall) (Entered: 03/04/2026)
Main Document: ORDERED
#8
Mar 10, 2026
Consent MOTION to File DVD Exhibit by Pamela Bondi, Russell Hott, Kristi Noem. (Attachments: # 1 Proposed Order)(Spavins, Elizabeth) (Entered: 03/10/2026)
Main Document: Consent
#9
Mar 10, 2026
ORDERED that the motion is GRANTED; and it is further ORDERED that the Clerk of Court shall accept the DVD as part of the record of this case in re 8 Consent MOTION to File DVD Exhibit. Signed by District Judge Rossie D. Alston, Jr on 3/10/2026. (swil) (Entered: 03/10/2026)
Main Document: ORDERED
#10
Mar 10, 2026
RESPONSE in Opposition re 6 First MOTION to Enforce Judgment / Habeas Order filed by Pamela Bondi, Russell Hott, Kristi Noem. (Spavins, Elizabeth) (Entered: 03/10/2026)
Main Document: RESPONSE
#11
Mar 10, 2026
REPLY to Response to Motion re 6 First MOTION to Enforce Judgment / Habeas Order filed by Byron Gonzalez Gutierrez. (Brown, Timothy) (Entered: 03/10/2026)
Main Document: REPLY
#12
Mar 10, 2026
NOTICE by Pamela Bondi, Russell Hott, Kristi Noem re 10 Response in Opposition to Motion (Spavins, Elizabeth) (Entered: 03/10/2026)
Main Document: NOTICE

Parties

Gonzalez Gutierrez
Party
Perry
Party