Eastern District of Virginia • 2:26-cv-00317

Aguilera v. Perry

Completed

Case Information

Filed: March 30, 2026
Assigned to: Rebecca Beach Smith
Referred to: Lawrence Richard Leonard
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 05, 2026
Last Activity: June 04, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 30, 2026
PETITION, filed for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by Olman Agapito Vallejo Aguilera. (Attachments: # 1 Envelope) (jmey) Modified on 4/1/2026 to note filed re 6 . (jmey) (Entered: 03/30/2026)
Main Document: PETITION,
#2
Mar 30, 2026
MOTION for Leave to Proceed in forma pauperis by Olman Agapito Vallejo Aguilera. (jmey) (Entered: 03/30/2026)
Main Document: MOTION
#3
Mar 30, 2026
Acknowledgment of Receipt. (jmey) (Entered: 03/30/2026)
Main Document: Acknowledgment
#4
Mar 30, 2026
NOTICE of Appearance by Tanzania Jaysura on behalf of Russell Hott (Jaysura, Tanzania) (Entered: 03/30/2026)
Main Document: NOTICE
#5
Mar 31, 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 Lawrence R. Leonard for further proceedings. The Clerk is DIRECTED to send a copy of this Referral Order to Petitioner. Signed by District Judge Rebecca Beach Smith on 3/31/2026. Copies mailed as directed 3/31/2026.(Vpea) (Entered: 03/31/2026)
Main Document: REFERRAL
#6
Apr 01, 2026
ORDER. It is ORDERED that 2 Motion for Leave to Proceed in forma Pauperis is GRANTED and the Clerk is DIRECTED to file the Petition. It is hereby 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 on or before 5:00 p.m. on April 7, 2026, Respondents must file a response to the Petition of no more than 7 pages addressing: (1) whether the central legal issue in this action is whether Petitioner is considered an applicant for admission under § 1225(b) or eligible for discretionary bond under § 1225(a), and (2) whether there are any unique factual circumstances rendering this Petition different from others that have been recently filed and adjudicated on the same issue that would warrant alternative consideration by the Court; and it is further ORDERED that if Respondents file a response stating that the central legal issue in this action is whether Petitioner is considered an applicant for admission under § 1225(b) or eligible for discretionary bond under § 1225(a), and identifies no unique factual circumstances that render this Petition different from others that have been recently filed and adjudicated on the same issue, then this Court will issue a ruling without further filings from the parties; and it is further ORDERED that if the Respondents file a response identifying unique factual circumstances that render this Petition different from others on the same issue, then Petitioner shall file any reply in further support of the Petition on or before April 21,2026. The Clerk is DIRECTED to forward a copy of this Order to Petitioner and to Kent Porter, Supervisor of the Civil Division of the U.S. Attorney's Office for the Eastern District of Virginia, Norfolk Division. Signed by Magistrate Judge Lawrence R. Leonard on 4/1/2026. Copies mailed 4/1/2026. (jmey) (Entered: 04/01/2026)
Main Document: ORDER.
#7
Apr 07, 2026
Opposition to 1 Petition for Writ of Habeas Corpus (2241) Federal Respondents' Notice filed by Russell Hott. (Attachments: # 1 Exhibit FREX A)(Jaysura, Tanzania) (Entered: 04/07/2026)
Main Document: Opposition
#8
Apr 10, 2026
REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (2241) filed by Olman Agapito Vallejo Aguilera Objections to R&R due by 4/24/2026. Signed by Magistrate Judge Lawrence R. Leonard on 4/10/2026. (Vpea) (Entered: 04/10/2026)
Main Document: REPORT
#9
May 05, 2026
FINAL ORDER. The Court agrees with the R&R on the grounds stated by the Magistrate Judge and ADOPTS and APPROVES the R&R 8 . Thus, the Petition is DENIED in part to the extent Petitioner seeks immediate release, but GRANTED in part to the extent he seeks a bond hearing. It is ORDERED that Respondents provide Petitioner with a bond hearing by an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within FOURTEEN (14) DAYS of entry of this Final Order; and Respondents are ENJOINED from denying bond to Petitioner on the grounds that he is detained. The Clerk is DIRECTED to forward a copy of this Final Order to Petitioner and counsel for Respondents. Signed by District Judge Rebecca Beach Smith on 5/5/2026. Copies mailed 5/5/2026. (Vpea) (Entered: 05/05/2026)
Main Document: FINAL
#10
May 05, 2026
CLERK'S JUDGMENT. Signed by Clerk on 5/5/2026. (Vpea) (Entered: 05/05/2026)
Main Document: CLERK'S
#11
May 18, 2026
STATUS REPORT by Russell Hott. (Schmidt, Robert) (Entered: 05/18/2026)
Main Document: STATUS
#12
Jun 04, 2026
NOTICE of Appearance by Virginia Lynn Van Valkenburg on behalf of Russell Hott (Van Valkenburg, Virginia) (Entered: 06/04/2026)
Main Document: NOTICE
#13
Jun 04, 2026
MOTION to Vacate 6 Order of Prisoner Service (2241), and Memorandum in Support by Russell Hott. (Attachments: # 1 Exhibit, # 2 Exhibit # 3 Proposed Order (Van Valkenburg, Virginia) (Entered: 06/04/2026)
Main Document: MOTION