Eastern District of Virginia • 1:25-cv-01935

#1

Oct 31, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10561928.), filed by Jacinto Herrera Gutierrez. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(He, Yue) (Entered: 10/31/2025)

Oct 31, 2025

Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Ivan D. Davis. (Sbro, )

#2

Nov 04, 2025

ORDER: This matter comes before the Court on Petitioner Jacinto Herrera Gutierrez's Petition for Habeas Corpus. Dkt. 1. Section 2243 provides that a district court with an application for habeas corpus pending before it "shall forthwith award the writ or issue an order directing the respondents to show cause why the writ should not be granted." 28 U.S.C. § 2243. Accordingly, it is hereby ORDERED that Respondents are DIRECTED to respond to the petition on or before Friday, November 7, 2025: and it is FURTHER ORDERED that Petitioner may reply on or before Wednesday. November 12, 2025; and it is FURTHER ORDERED that a hearing in this matter is SCHEDULED for Wednesday, November 19, 2025 at 1:30 p.m.. Signed by District Judge Rossie D. Alston, Jr on 11/4/25. (yguy) (Entered: 11/04/2025)

Nov 04, 2025

Set/Reset Hearings: Docket Call - Hearing re: Petition for Writ of Habeas Corpus set for 11/19/2025 at 01:30 PM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr.. (yguy)

#3

Nov 07, 2025

NOTICE of Appearance by Kirstin O'Connor on behalf of Pamela Bondi, Executive Office for Immigration Review (EOIR), Kristi Noem, Joseph Simon, US Department of Homeland Security (O'Connor, Kirstin) (Entered: 11/07/2025)

#4

Nov 07, 2025

Opposition to 1 Petition for Writ of Habeas Corpus (2241) filed by Pamela Bondi, Executive Office for Immigration Review (EOIR), Kristi Noem, Joseph Simon, US Department of Homeland Security. (Attachments: # 1 FREX 1)(O'Connor, Kirstin) (Entered: 11/07/2025)

#5

Nov 14, 2025

ORDERED that the Petition (Dkt. 1) is GRANTED, and it is hereby ORDERED that Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that in the event Petitioner posts bond pursuant to the initial order of the Immigration Judge in his case, 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); and it is FURTHER ORDERED that hearing on this matter scheduled for November 19, 2025 is CANCELED. Signed by District Judge Rossie D. Alston, Jr on 11/14/2025. (swil) (Entered: 11/14/2025)