Eastern District of Virginia • 2:26-cv-00206
Montoya-Alfaro v. Crawford
Active
Case Information
Filed: March 03, 2026
Assigned to:
Rebecca Beach Smith
Referred to:
Robert J. Krask
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
October 19, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 03, 2026
PETITION for Writ of Habeas Corpus (SUBJECT TO DEFECT) (Filing fee $ 5.00.), filed by Brayan Fernando Montoya-Alfaro. (Attachments: # 1 Letter, # 2 Envelope) (jmey) Modified on 3/3/2026 to note defect. (jmey) (Additional attachment(s) added on 3/4/2026: # 3 Receipt) (jmey, ). (Entered: 03/03/2026)
Main Document:
PETITION
#2
Mar 03, 2026
Acknowledgment of Receipt. (jmey) (Entered: 03/03/2026)
Main Document:
Acknowledgment
#3
Mar 03, 2026
ORDER STRIKING PLEADINGS re 1 Petition for Writ of Habeas Corpus (2241). The Petitioner is advised that if the court is to consider the submission, it must be resubmitted with the deficiency corrected within thirty (30) days of the date of this order or it will be stricken from the record. The Clerk is DIRECTED to forward a copy of this Order to the Petitioner, and to Kamah Gueh-Thoronka, Esquire, 12656 Lake Ridge Drive, Suite C, Woodbridge, VA 22192. Signed by District Judge Rebecca Beach Smith on 3/3/2026. Copies mailed 3/3/2026. (jmey) (Entered: 03/03/2026)
Main Document:
ORDER
#4
Mar 05, 2026
NOTICE of Appearance by David Ross Tannenbaum on behalf of Jeff Crawford (Tannenbaum, David) (Entered: 03/05/2026)
Main Document:
NOTICE
#5
Apr 01, 2026
Certification Pursuant to Local Civil Rule 83.1(N) (SUBJECT TO DEFECT) by Brayan Fernando Montoya-Alfaro. (Attachments: # 1 Envelope) (jmey) Modified on 4/2/2026 to edit docket text. (jmey) (Entered: 04/02/2026)
Main Document:
Certification
#6
Apr 02, 2026
ORDER STRIKING PLEADINGS re 5 Certification Pursuant to Local Civil Rule 83.1(N) filed by Brayan Fernando Montoya-Alfaro. The Petitioner is advised that if the court is to consider the submission, it must be resubmitted with the deficiency corrected within thirty (30) days of the date of this order or it will be stricken from the record. Signed by District Judge Rebecca Beach Smith on 4/2/2026. Copies mailed 4/2/2026. (jmey) (Entered: 04/02/2026)
Main Document:
ORDER
#7
Apr 02, 2026
AMENDED Petition against Jeff Crawford, filed by Brayan Fernando Montoya-Alfaro. (Attachments: # 1 Attachment, # 2 Envelope) (jmey) (Entered: 04/02/2026)
Main Document:
AMENDED
#8
Apr 03, 2026
ORDER. It is hereby ORDERED that Montoya-Alfaro IS NOT to be removed or transferred from this district for any reason without this Courts permission and the respondent shall file on or before April 10, 2026 a notice or an opposition. If the respondent files an opposition to the petition, Montoya-Alfaro shall file any reply in further support of the petition on or before April 24, 2026. Service shall be made upon respondents in accordance with the Agreement on Acceptance of Service. The Clerk is directed to forward a copy of this order to Montoya- Alfaro and to Kent Porter, Supervisor of the Civil Division of the U.S. Attorneys Office for the Eastern District of Virginia, Norfolk Division. Signed by Magistrate Judge Robert J. Krask on 4/3/2026. Copies mailed 4/3/2026. (Vpea) (Entered: 04/03/2026)
Main Document:
ORDER.
#9
Apr 10, 2026
Response to 7 Amended Petition filed by Jeff Crawford. (Attachments: # 1 Exhibit, # 2 Exhibit)(Tannenbaum, David) (Entered: 04/10/2026)
Main Document:
Response
#10
Apr 30, 2026
ORDER. Federal respondents are ORDERED to submit a factual supplement by May 7, 2026, including a sworn declaration and copies of relevant case-specific immigration documents addressing the nature of Montoya-Alfaros initial detention in 2017, the type of bond he received in 2017, and his status from 2017 to the present. Montoya-Alfaro may also submit documents relevant to the above matters by May 14,2026. Signed by Magistrate Judge Robert J. Krask on 4/30/2026. Copies mailed 4/30/2026. (jmey) (Entered: 04/30/2026)
Main Document:
ORDER.
#11
May 01, 2026
REFERRAL ORDER. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), this matter is hereby REFERRED to United States Magistrate Judge Robert J. Krask for further proceedings. The Clerk is DIRECTED to please send a copy of this Referral Order to Petitioner. Signed by District Judge Rebecca Beach Smith on 5/1/2026. Copies mailed 5/1/2026. (Vpea) (Entered: 05/01/2026)
Main Document:
REFERRAL
#12
May 07, 2026
NOTICE by Jeff Crawford re 10 Order, (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Tannenbaum, David) (Entered: 05/07/2026)
Main Document:
NOTICE
#13
May 29, 2026
ORDER. The respondent is ORDERED to submit a factual supplement by June 6,2026, including a sworn declaration addressing whether Montoya-Alfaro's appeal to the BIA remains pending and is being processed by the BIA, or whether the appeal was withdrawn. Montoya-Alfaro may also submit documents relevant to the above matters by June 10, 2026. The Clerk is directed to forward a copy of this order to Montoya- Alfaro and counsel of record for respondent. Signed by Magistrate Judge Robert J. Krask on 5/29/2026. Copies mailed 5/29/2026.(Vpea) (Entered: 05/29/2026)
Main Document:
ORDER.
#14
Jun 01, 2026
NOTICE by Jeff Crawford re 13 Order,, (Attachments: # 1 Exhibit)(Tannenbaum, David) (Entered: 06/01/2026)
Main Document:
NOTICE
#15
Jun 01, 2026
MOTION for Leave to Appear Attorney by Brayan Fernando Montoya-Alfaro. (Roffe, Jacob) (Entered: 06/01/2026)
Main Document:
MOTION
#18
Oct 19, 2026
FINAL ORDER. It is ORDERED that the Magistrate Judge's 16 R&R is ADOPTED in part, and REJECTED in part. The court therefore OVERRULES Respondents' first objection to the applicability of § 1225(b), but GRANTS the second objection to Petitioner's immediate release. Petitioner's request to receive "a constitutionally adequate bond hearing," is GRANTED. It is hereby ORDERED that Respondents are to provide Petitioner with a bond hearing by an Immigration Judge pu rsuant to 8 U.S.C. § 1226(a) within seven (7) days of entry of this final order. Upon completion of Petitioner's bond hearing, the non-removal 8 Order entered by this court on April 3, 2026 is VACATED. Signed by District Judge Rebecca Beach Smith on 10/19/2026. (jmey)
Main Document:
FINAL ORDER. It is ORDERED that the Magistrate Judge's 16 R&R is ADOPTED in part, and REJECTED in part. The court therefore OVERRULES Respondents' first objection to the applicability of § 1225(b), but GRANTS the second objection to Petitioner's immediate release. Petitioner's request to receive "a constitutionally adequate bond hearing," is GRANTED. It is hereby ORDERED that Respondents are to provide Petitioner with a bond hearing by an Immigration Judge pu rsuant to 8 U.S.C. § 1226(a) wit
Parties
Party
Attorney
Attorney
Firm
Firm