Eastern District of Virginia • 1:25-cv-01916

Constant v. Perry

Completed

Case Information

Filed: October 31, 2025
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 02, 2026
Last Activity: March 19, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 31, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10560512.), filed by Jackenson Constant. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Declaration, # 3 Exhibit B - NQRP Order, # 4 Exhibit C - IJ CAT Grant, # 5 Exhibit D - Release Request, # 6 Exhibit E - Custody Decision, # 7 Exhibit F - ICE Data, # 8 Exhibit G - ICE Email, # 9 Exhibit H - Jimenez Transcript, # 10 Exhibit I - Cordon Salguero Transcript, # 11 Proposed Order Proposed Order)(Appelbaum, Adina) (Entered: 10/31/2025)
Main Document: PETITION
#2
Oct 31, 2025
Motion to appear Pro Hac Vice by Amelia Christine Dagen and Certification of Local Counsel Adina Appelbaum Filing fee $ 75, receipt number AVAEDC-10561680. by Jackenson Constant. (Appelbaum, Adina) (Entered: 10/31/2025)
Main Document: Motion
Oct 31, 2025
Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge William E. Fitzpatrick. (Sbro, )
#3
Nov 04, 2025
ORDER granting 2 Motion for Pro hac vice Appointed Amelia Dagen for Jackenson Constant. Signed by District Judge Rossie D. Alston, Jr on 11/4/2025. (swil) (Entered: 11/04/2025)
Main Document: ORDER
#4
Nov 04, 2025
ORDERED that Respondents are DIRECTED to respond to the petition on or before Wednesday, November 12. 2025: and it is FURTHER ORDERED that Petitioner may reply on or before Wednesday, November 19, 2025: and it is FURTHER ORDERED that a hearing in this matter is SCHEDULED for Wednesday, December 3, 2025 at 9:00 a.m. Signed by District Judge Rossie D. Alston, Jr. on 11/04/2025. (jlan) (Entered: 11/04/2025)
Main Document: ORDERED
Nov 04, 2025
Writ Hearing set for 12/3/2025 at 09:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (jlan)
#5
Nov 10, 2025
ACKNOWLEDGEMENT OF SERVICE Executed as to 1 Petition for Writ of Habeas Corpus (2241),, Acknowledgement filed by Jackenson Constant. (Attachments: # 1 Exhibit A - USPS Confirmations, # 2 Exhibit B - Email to U.S. Attorney)(Appelbaum, Adina) (Entered: 11/10/2025)
Main Document: ACKNOWLEDGEMENT
#6
Nov 12, 2025
NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Russell Hott, Kristi Noem (Cooper, Christian) (Entered: 11/12/2025)
Main Document: NOTICE
#7
Nov 12, 2025
Opposition to 1 Petition for Writ of Habeas Corpus (2241),, filed by Pamela Bondi, Russell Hott, Kristi Noem. (Attachments: # 1 Exhibit Third Country Guidance ("March Guidance"), # 2 Exhibit Declaration of James A. Mullan, # 3 Exhibit Original Judgment in United States v. Constant, # 4 Exhibit Amended Judgment in United States v. Constant, # 5 Exhibit Third Country Removal Notice to Mexico)(Cooper, Christian) (Entered: 11/12/2025)
Main Document: Opposition
#8
Nov 19, 2025
Reply to 7 Opposition, filed by Jackenson Constant. (Appelbaum, Adina) (Entered: 11/19/2025)
Main Document: Reply
Dec 01, 2025
Set/Reset Hearings: Writ Hearing reset for 12/3/2025 at 10:30 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (Per RDA's chambers) (tarm)
#9
Dec 02, 2025
MOTION Convert Hearing to Status Conference by Jackenson Constant. (Appelbaum, Adina) (Entered: 12/02/2025)
Main Document: MOTION
#10
Dec 02, 2025
Waiver of re 9 MOTION Convert Hearing to Status Conference Waiver of Oral Argument by Jackenson Constant (Appelbaum, Adina) (Entered: 12/02/2025)
Main Document: Waiver
#11
Dec 03, 2025
Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Matter on for Petitioner's 1 Petition for Writ of Habeas Corpus. Appearance of counsel. Petition argued and defendants to effectuate the petitioners removal to Mexico by 12/17/2025 or he will be ordered released. (Court Reporter: T. Harris)(tarm) (Entered: 12/03/2025)
Main Document: Minute
#12
Dec 03, 2025
ORDER: This matter comes before the Court following the December 3, 2025 hearing on Petitioner Jackenson Constants petition for a writ of habeas corpus. During the hearing, Respondents represented that there has been action taken to initiate the process of removing Petitioner to Mexico. However, Respondents have yet to receive confirmation that Mexico would in fact receive Petitioner and did not communicate a clear timeline in which they expect Petitionersremoval to Mexico to proceed. Accordingly, it is hereby ORDERED that on or before Wednesday, December 17, 2025, Respondents are DIRECTED to produce written notice to the Court whether Mexico has agreed to accept Petitioner for removal. Respondents are hereby WARNED that, unless its written notice confirms that Mexico has agreed to receive Petitioner for removal and provides assurances that Petitioner will be promptly removed to Mexico and thereby released from immigration detention, the Court may grant the petition. (See order for further details). Signed by District Judge Rossie D. Alston, Jr on 12/3/25. (yguy) (Entered: 12/04/2025)
Main Document: ORDER:
#13
Dec 09, 2025
NOTICE by Pamela Bondi, Russell Hott, Kristi Noem re 12 Order,,,, (Update on Federal Respondents' Removal Efforts) (Attachments: # 1 Exhibit Order of Immigration Judge)(Cooper, Christian) (Entered: 12/09/2025)
Main Document: NOTICE
#14
Dec 10, 2025
NOTICE by Jackenson Constant re 13 NOTICE (Appelbaum, Adina) (Entered: 12/10/2025)
Main Document: NOTICE
#15
Dec 12, 2025
NOTICE by Pamela Bondi, Russell Hott, Kristi Noem re 12 Order,,,, (Update on Federal Respondents' Removal Efforts) (Attachments: # 1 Exhibit Order of Immigration Judge)(Cooper, Christian) (Entered: 12/12/2025)
Main Document: NOTICE
#16
Dec 16, 2025
NOTICE by Jackenson Constant re 15 NOTICE Response to Respondents' Notice (Appelbaum, Adina) (Entered: 12/16/2025)
Main Document: NOTICE
#17
Feb 02, 2026
ORDERED that Petitioner's Petition for a Writ of Habeas Corpus (Dkt. 1) is GRANTED; and it is FURTHER ORDERED that Petitioner be RELEASED from custody no later than Thursday, February 5, 2026 at 12:00 p.m. with all his personal property; and it is FURTHER ORDERED that within 24 hours of Petitioner's arrival at the fixed address identified in his Proposed Release Plan Petitioner submit a change of address to the local Immigration and Customs Enforcement ("ICE") office and to Respondents; and it is FURTHER ORDERED that the Respondents file a notice with the Court confirming Petitioner's release. Signed by District Judge Rossie D. Alston, Jr on 2/2/2026. (swil) (Entered: 02/02/2026)
Main Document: ORDERED
#18
Feb 02, 2026
CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58 in favor of the Petitioner Jackenson Constant and against the Respondents Paul Perry, Russell Hott, Kristi Noem and Pamela Bondi. Entered by Clerk on 2/2/2026. (swil) (Entered: 02/02/2026)
Main Document: CLERK'S
#19
Feb 04, 2026
Emergency MOTION to Stay re 17 Order,, 18 Clerk's Judgment, (and Reopen Briefing) by Pamela Bondi, Russell Hott, Kristi Noem. (Attachments: # 1 Proposed Order)(Cooper, Christian) (Entered: 02/04/2026)
Main Document: Emergency MOTION
#20
Feb 04, 2026
Waiver of re 19 Emergency MOTION to Stay re 17 Order,, 18 Clerk's Judgment, (and Reopen Briefing) (Waiver of Hearing) by Pamela Bondi, Russell Hott, Kristi Noem (Cooper, Christian) (Entered: 02/04/2026)
Main Document: Waiver
#21
Feb 04, 2026
ORDERED that the Motion (Dkt. 19) is GRANTED-IN-PART and DENIED-IN-PART; and it is FURTHER ORDERED that the Court's February 2, 2026 Order and Petitioner's Release is STAYED pending further briefing as set forth below; and it is FURTHER ORDERED that Respondents are DIRECTED to file any supplemental briefing on or before Friday, February 6, 2026 and to specifically address the issue of Petitioner's potential indefinite detention; and it is FURTHER ORDERED that Petitioner may file any response on or before Monday, February 9, 2026; and it is FURTHER ORDERED that Respondents are DIRECTED not to remove Petitioner from this judicial District. Signed by District Judge Rossie D. Alston, Jr. on 02/04/2026. (jlan) (Entered: 02/04/2026)
Main Document: ORDERED
#22
Feb 06, 2026
NOTICE of Appearance by Elizabeth Anne Spavins on behalf of Pamela Bondi, Russell Hott, Kristi Noem (Spavins, Elizabeth) (Entered: 02/06/2026)
Main Document: NOTICE
#23
Feb 06, 2026
Response to 21 Order on Motion to Stay,, filed by Pamela Bondi, Russell Hott, Kristi Noem. (Spavins, Elizabeth) (Entered: 02/06/2026)
Main Document: Response
#24
Feb 09, 2026
Response to 23 Response, 21 Order on Motion to Stay,, filed by Jackenson Constant. (Attachments: # 1 Exhibit A - Parsons Declaration, # 2 Exhibit B - Ruiz Declaration)(Appelbaum, Adina) (Entered: 02/09/2026)
Main Document: Response
#25
Feb 11, 2026
ORDERED that the Petition (Dkt. 1) is GRANTED. ORDERED that Petitioner be RELEASED from custody no later than Friday, February 13, 2026, at 12:00 p.m. with all his personal property. ORDERED that, within 24 hours of Petitioner's arrival at the fixed address he has previously identified, Petitioner submit a change of address to the local ICE office and to Respondents. ORDERED that Respondents are DIRECTED to file a notice with the Court confirming Petitioner's Release. Signed by District Judge Rossie D. Alston, Jr on 2/11/2026. (kgall) (Entered: 02/11/2026)
Main Document: ORDERED
#26
Feb 13, 2026
NOTICE by Pamela Bondi, Russell Hott, Kristi Noem re 25 Order,, (Notice of Release) (Cooper, Christian) (Entered: 02/13/2026)
Main Document: NOTICE
#27
Mar 19, 2026
NOTICE by Jackenson Constant Post-Release Notice (Appelbaum, Adina) (Entered: 03/19/2026)
Main Document: NOTICE