Eastern District of Virginia • 1:26-cv-01076

#1

Apr 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10933561.), filed by Gustavo Benitez Rodriguez. (Attachments: # 1 Exhibit 1 ICE Locator, # 2 Exhibit 2 DHS Interim Guidance, # 3 Exhibit 3 Artieda Affidavit, # 4 Exhibit 4 Burman Affidavit, # 5 Exhibit 5 BIA Regulations, # 6 Exhibit 6 Hurtado Guidance to Immigration Judges, # 7 Civil Cover Sheet)(Blessinger, Eileen) (Attachment 7 replaced on 4/20/2026) (Agil, ). (Entered: 04/20/2026)

#2

Apr 20, 2026

Notice of Correction: The filing user has been notified that the civil case coversheet is an incorrectly saved PDF fillable form and has been replaced. No further action is required at this time in re 1 Petition for Writ of Habeas Corpus (2241). (Agil, ) (Entered: 04/20/2026)

Apr 20, 2026

Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Ivan D. Davis. (Agil, )

#3

Apr 21, 2026

ORDERED that the Respondents and any of Respondents officers, agents, servants, employees, and attorneys, as well as other person acting in concert with them be, and the same hereby are, ENJOINED from removing the Petitioner from this judicial district pending further order of the Court; and it is further ORDERED that on or before 5:00 PM on April 24, 2026, the Respondents file either (a) a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Hernandez v. Crawford, No. 1:25-CV-01565-AJTWBP, 2025 WL 2940702 (E.D. Va. Oct. 16, 2025) or the other opinions of this Court cited therein; or (b) an Opposition to the Petition discussing the material differences between Hernandez and this Petition; and it is further ORDERED that if the Respondents file a Notice that there are no material differences between this Petition and Hernandez, 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 further ORDERED that if the 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 April 29, 2026. Signed by District Judge Anthony J Trenga on 4/21/2026. (swil) (Entered: 04/21/2026)

#4

Apr 24, 2026

NOTICE of Appearance by Kirstin O'Connor on behalf of Todd Blanche, Robert Guadian, Markwayne Mullin (O'Connor, Kirstin) (Entered: 04/24/2026)

#5

Apr 24, 2026

Response to 3 Order of Prisoner Service (2241),,,,, filed by Todd Blanche, Robert Guadian, Markwayne Mullin. (O'Connor, Kirstin) (Entered: 04/24/2026)

#6

Apr 24, 2026

ORDERED that the Petition is GRANTED. ORDERED that Petitioner be immediately released from custody, with all his personal property, pending his bond hearing before an immigration judge. Petitioner must live at a fixed address and provide that address to the Court within twenty-four (24) hours of the issuance of this Order. Petitioner must also appear at the bond hearing once the government notifies him of its date, time, and location. ORDERED that Respondents must provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a). ORDERED that Respondents are ENJOINED from denying Petitioner release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b). ORDERED that, if Petitioner is released on bond, Respondents-along with their officers, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert with them-be and are ENJOINED from rearresting Petitioner unless he has committed a new violation of any federal, state, or local law, or has failed to attend any properly noticed immigration or court hearing, or pursuant to 8 U.S.C. § 1231(a)(2). Signed by District Judge Anthony J Trenga on 4/24/2026. (kgall) (Entered: 04/24/2026)