Eastern District of Virginia • 1:25-cv-02025

#1

Nov 12, 2025

PETITION for Writ of Habeas Corpus (Filing Fee $5 receipt number AVAEDC-10581499), filed by Kevin Alexi Benavidez Benitez. (Attachments: # 1 Civil Cover Sheet)(Kim, David) (Entered: 11/12/2025)

#2

Nov 12, 2025

ORDERED that Petitioner shall not be removed from this jurisdiction or the United States unless and until the Court issues a contrary order. 28 U.S.C. § 1651; F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to 'issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.'"); it is further ORDERED that if Petitioner is in the process of being transferred outside of the Court's jurisdiction, he must be returned to this jurisdiction unless and until the Court issues a contrary order; it is further ORDERED that on or before 5:00 p.m. on Wednesday, November 19, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted; and it is further ORDERED that on or before 5:00 p.m. on Wednesday, November 19, 2025. Petitioners counsel file with the Court a proposed release plan for the Petitioner, which must include a fixed address at which Petitioner shall reside should the Petition be granted. Petitioner's counsel should redact personal identifiers or file those documents under seal. Signed by District Judge Patricia Tolliver Giles on 11/12/2025. (swil) (Entered: 11/13/2025)

Nov 12, 2025

Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Ivan D. Davis. (triv)

#4

Nov 19, 2025

NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon (Cooper, Christian) (Entered: 11/19/2025)

#5

Nov 19, 2025

Opposition to 1 Petition for Writ of Habeas Corpus (2241) filed by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit Declaration of James A. Mullan)(Cooper, Christian) (Entered: 11/19/2025)

#6

Nov 25, 2025

Reply to 5 Opposition, Petitioner's reply to government opposition filing filed by Kevin Alexi Benavidez Benitez. (Attachments: # 1 Exhibit)(Kim, David) (Entered: 11/25/2025)

#7

Nov 25, 2025

ORDER that the 1 Petition for Writ of Habeas Corpus (2241) is GRANTED; Petitioner be immediately released from custody, with all his personal property, pending his bond hearing before an immigration judge. Petitioner must live at the fixed address identified in his Release Plan (Dkt. 3) and appear at the bond hearing once the government notifies him of its date, time, and location; Respondents must provide Petitioner with a standard bond hearing pursuant to 8 U.S.C. § 1226(a) within fourteen (14) days of the date of this Order; 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)(2); 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); the parties shall file a status report on the status of Petitioners bond hearing within three (3) days of the bond hearing. The status report shall detail when the bond hearing occurred, if the bond was granted or denied, and if denied, the reasons for that denial (see Order for details). Signed by District Judge Patricia Tolliver Giles on 11/25/25. (pmil, ) (Entered: 11/25/2025)

#8

Nov 25, 2025

JUDGMENT is hereby entered in favor of the Petitioner Kevin Alexi Benavidez Benitez and against the Respondents Todd M. Lyons, Joseph Simon, Kristi Noem, Pamela Bondi and Paul Perry (Entered by Clerk of Court on 11/25/25 pursuant to FRCP 58). (pmil, ) (Entered: 11/25/2025)

#9

Jan 26, 2026

NOTICE OF APPEAL as to 7 Order,,,,, 8 Clerk's Judgment, by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon. (Cooper, Christian) (Entered: 01/26/2026)

#10

Jan 27, 2026

Transmission of Notice of Appeal to US Court of Appeals re 9 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (swil) (Entered: 01/27/2026)

#11

Jan 29, 2026

USCA 4th Circuit Case Number 26-6151, Case Manager T. Barton, as to 9 NOTICE OF APPEAL. (triv) (Entered: 01/30/2026)