Eastern District of Virginia • 1:25-cv-01816

Ortiz Martinez v. Noem

Completed

Case Information

Filed: October 20, 2025
Assigned to: Leonie M. Brinkema
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: October 29, 2025
Last Activity: January 05, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 20, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10534901.), filed by Alberto Ortiz Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment, # 3 Exhibit A - Notice to Appear, # 4 Exhibit B - Warrant for Arrest, # 5 Exhibit C - I-213, # 6 Exhibit D - Communications with Deportation Officer, # 7 Exhibit IJ bond decision)(Kornya, Alexander) (Entered: 10/20/2025)
Main Document: PETITION
Oct 20, 2025
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (swil)
#2
Oct 21, 2025
Motion to appear Pro Hac Vice by Frederick Evan Benz and Certification of Local Counsel Alexander Vincent Kornya Filing fee $ 75, receipt number AVAEDC-10535838. by Alberto Ortiz Martinez. (Kornya, Alexander) (Entered: 10/21/2025)
Main Document: Motion
#3
Oct 21, 2025
Motion to appear Pro Hac Vice by Emma Friedland and Certification of Local Counsel Alexander Vincent Kornya Filing fee $ 75, receipt number AVAEDC-10535879. by Alberto Ortiz Martinez. (Kornya, Alexander) (Entered: 10/21/2025)
Main Document: Motion
#4
Oct 21, 2025
ORDERED that petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission; and it is further ORDERED that by 5:00 p.m. on Friday, October 24, 2025, petitioner's counsel provide the Court with a proposed release plan, each of which must include a fixed address should the Petition be granted, and respondents SHOW CAUSE as to why the Petition should not be granted. If the Court finds that a hearing is appropriate, it will be held at 10:00 AM on Friday, October 31, 2025. Signed by District Judge Leonie M. Brinkema on 10/21/2025. (swil) (Entered: 10/21/2025)
Main Document: ORDERED
#5
Oct 21, 2025
ORDER granting 2 Motion for Pro hac vice. Appointed Frederick Evan Benz for Alberto Ortiz Martinez. Signed by District Judge Leonie M. Brinkema on 10/21/2025. (kgall) (Entered: 10/21/2025)
Main Document: ORDER
#6
Oct 21, 2025
ORDER granting 3 Motion for Pro hac vice. Appointed Emma Friedland for Alberto Ortiz Martinez. Signed by District Judge Leonie M. Brinkema on 10/21/2025. (kgall) (Entered: 10/21/2025)
Main Document: ORDER
#7
Oct 23, 2025
NOTICE by Alberto Ortiz Martinez of Proposed Release Plan (Attachments: # 1 Exhibit 1 - Marriage Certificate, # 2 Exhibit 2 - Church membership, # 3 Exhibit 3 - AOM no criminal history, # 4 Exhibit 4 - Affidavit of Spouse, # 5 Exhibit 5 - Affidavit of Stepson)(Kornya, Alexander) (Entered: 10/23/2025)
Main Document: NOTICE
#8
Oct 23, 2025
ORDERED that the Clerk's office seal the entirety of petitioner's Proposed Release Plan and its exhibits [Dkt. No. 7]. Signed by District Judge Leonie M. Brinkema on 10/23/2025. (swil) (Entered: 10/23/2025)
Main Document: ORDERED
#9
Oct 24, 2025
NOTICE of Appearance by Rebecca S. Levenson on behalf of Pamela Bondi, Todd M. Lyons, Kristi Noem, Joseph Simon (Levenson, Rebecca) (Entered: 10/24/2025)
Main Document: NOTICE
#10
Oct 24, 2025
Response filed by Pamela Bondi, Todd M. Lyons, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit 1)(Levenson, Rebecca) (Entered: 10/24/2025)
Main Document: Response
#11
Oct 27, 2025
ORDERED that the federal respondents provide petitioner's counsel and the Court with all records related to Martinez's arrest and detention, including DHS Form 1-286, by the close of business on Tuesday, October 28, 2025 (see Order for further details). Signed by District Judge Leonie M. Brinkema on 10/27/2025. (swil) (Entered: 10/27/2025)
Main Document: ORDERED
#12
Oct 28, 2025
NOTICE by Pamela Bondi, Jeffrey Crawford, Todd M. Lyons, Kristi Noem, Joseph Simon (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Levenson, Rebecca) (Entered: 10/28/2025)
Main Document: NOTICE
#13
Oct 28, 2025
NOTICE by Pamela Bondi, Todd M. Lyons, Kristi Noem, Joseph Simon (Attachments: # 1 Exhibit)(Levenson, Rebecca) (Entered: 10/28/2025)
Main Document: NOTICE
#14
Oct 29, 2025
ORDERED that Martinez be promptly released from custody, with all his personal property, pending his bond hearing before an Immigration Judge. Martinez must live at the fixed address identified in his Proposed Release Plan and appear at the bond hearing once the government notifies him of its date, time, and location; and it is further ORDERED that respondents provide Martinez with a standard bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order; and it is further ORDERED that respondents be and are ENJOINED from denying bond to Martinez on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that, if Martinez is granted bond, the federal respondents be and are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2); and it is further ORDERED that respondents file a status report with this Court within 3 days of the bond hearing, stating whether Martinez has been granted bond, and, if his request for bond was denied, the reasons for that denial. Signed by District Judge Leonie M. Brinkema on 10/29/2025. (jlan) (Entered: 10/29/2025)
Main Document: ORDERED
#15
Oct 29, 2025
CLERK'S JUDGMENT entered in favor of Petitioner Alberto Ortiz Martinez in accordance with Federal Rules of Civil Procedure 58. Entered by Clerk on 10/23/2025. (jlan) (Entered: 10/29/2025)
Main Document: CLERK'S
#16
Nov 04, 2025
STATUS REPORT by Pamela Bondi, Todd M. Lyons, Kristi Noem, Joseph Simon. (Barghaan, Dennis) (Entered: 11/04/2025)
Main Document: STATUS
#17
Dec 29, 2025
NOTICE OF APPEAL as to 14 Order,,,, 15 Clerk's Judgment by Pamela Bondi, Todd M. Lyons, Kristi Noem, Joseph Simon. (O'Connor, Kirstin) (Entered: 12/29/2025)
Main Document: NOTICE
#18
Dec 31, 2025
Transmission of Notice of Appeal to US Court of Appeals re 17 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (wgar, ) (Entered: 12/31/2025)
Main Document: Transmission
#19
Jan 05, 2026
USCA Case Number 26-6022, case manager K. Hancock 4th Circuit for 17 Notice of Appeal filed by Kristi Noem, Todd M. Lyons, Joseph Simon, Pamela Bondi. (swil) (Entered: 01/08/2026)
Main Document: USCA

Parties

Noem
Party
Ortiz Martinez
Party
Attorney