Eastern District of Virginia • 1:26-cv-00827

Diaz Benitez v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: March 26, 2026
Assigned to: Rossie David Alston Jr.
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: April 01, 2026
Last Activity: April 01, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 26, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10877574.), filed by Carlos Simeon Diaz Benitez. (Attachments: # 1 Civil Cover Sheet)(Hernandez, Hector) (Entered: 03/26/2026)
Main Document: First
Mar 26, 2026
Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (dvanm, )
#2
Mar 27, 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; and it is further ORDERED that on or before 5:00 PM on Thursday, April 2, 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; and it is further 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; and it is furtherORDERED 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 Tuesday, April 7, 2026. Signed by District Judge Rossie D. Alston, Jr on 3/27/2026. (swil) (Entered: 03/27/2026)
Main Document: ORDERED
#3
Apr 01, 2026
NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Department of Homeland Security, Todd Lyons, Markwayne Mullin, U.S. Immigration and Customs Enforcement (ICE) (Cooper, Christian) (Entered: 04/01/2026)
Main Document: NOTICE
#4
Apr 01, 2026
NOTICE by Pamela Bondi, Department of Homeland Security, Todd Lyons, Markwayne Mullin, U.S. Immigration and Customs Enforcement (ICE) re 2 Order of Prisoner Service (2241),,,, (Cooper, Christian) (Entered: 04/01/2026)
Main Document: NOTICE
#5
Apr 01, 2026
ORDER that the 1 Petition is GRANTED and 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; Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); 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) (see Order for details). Signed by District Judge Rossie D. Alston, Jr on 04/01/26. (pmil, ) (Entered: 04/01/2026)
Main Document: ORDER