Eastern District of Virginia • 2:26-cv-00459

#1

May 12, 2026

PETITION, Conditionally filed for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by Margarito Rivera Jimenez. (Attachments: # 1 Envelope) (jmey) (Entered: 05/12/2026)

#2

May 12, 2026

MOTION for Leave to Proceed in forma pauperis by Margarito Rivera Jimenez. (jmey) (Entered: 05/12/2026)

#3

May 12, 2026

Acknowledgment of Receipt. (jmey) (Entered: 05/12/2026)

#4

May 18, 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 please send a copy of this Referral Order to Petitioner. Signed by Senior District Judge Arenda L Wright Allen on 5/18/2026. Copies mailed 5/18/2026. (jmey) (Entered: 05/18/2026)

#5

May 18, 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 May 26, 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 June 9, 2026. Signed by Magistrate Judge Lawrence R. Leonard on 5/18/2026. Copies mailed 5/18/2026. (jmey) (Entered: 05/18/2026)

#6

May 18, 2026

NOTICE of Appearance by Tanya Kapoor on behalf of Robert Guadian, Ney Hidalgo (Kapoor, Tanya) (Entered: 05/18/2026)

#7

May 18, 2026

NOTICE of Change of Address by Margarito Rivera Jimenez. (Attachments: # 1 Envelope) (jmey) (Entered: 05/19/2026)

#8

May 26, 2026

Response to 1 Petition for Writ of Habeas Corpus (2241) filed by Robert Guadian, Ney Hidalgo. (Kapoor, Tanya) (Entered: 05/26/2026)

#9

Jun 01, 2026

REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus (2241) filed by Margarito Rivera Jimenez. Objections to R&R Deadline 6/15/2026. Signed by Magistrate Judge Lawrence R. Leonard on 6/1/2026. Copies mailed 6/1/2026. (jmey) (Entered: 06/01/2026)

#10

Jun 02, 2026

Submission. (Attachments: # 1 Sealed Attachment, # 2 Envelope) (jmey) (Entered: 06/04/2026)

#11

Jun 02, 2026

Submission. (Attachments: # 1 Sealed Attachment, # 2 Envelope) (jmey) (Entered: 06/04/2026)

#12

Jun 04, 2026

Mail Returned as Undeliverable. Mail sent to Margarito Rivera Jimenez re 3 . (jmey) (Entered: 06/04/2026)

#13

Jun 04, 2026

Submission. (Attachments: # 1 Sealed Attachments, # 2 Envelope) (jmey) (Entered: 06/08/2026)

#14

Jun 08, 2026

Mail Returned as Undeliverable. Mail sent to Margarito Rivera Jimenez re 4 and 5 . (jmey) (Entered: 06/08/2026)

#15

Jun 22, 2026

FINAL ORDER. It is ORDERED that (1) The 9 R&R is ADOPTED as the opinion of this Court; (2) The 1 Petition is GRANTED IN PART and DENIED IN PART; (3) Respondents shall provide Petitioner with a fair bond hearing by an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within SEVEN (7) DAYS of entry of a final order in this matter; (4) During Petitioner's bond hearing, Respondents shall the burden of proof of showing that Petitioner is a danger or a flight risk by clear and convincing evidence; (5) Respondents are ENJOINED from denying bond to Petitioner on the grounds that he is detained pursuant to 8 U.S.C. § 1225(b)(2); (6) Respondents shall file a status report with the Court within THREE (3) DAYS of Petitioner's bond hearing, (7) Respondents are ENJOINED from invoking the automatic stay provision of 8 C.F.R. § 1003.19(i)(2) if Petitioner is released on bond; and (8) The Respondents are ENJOINED from rearresting the 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; or (3) he is subject to an administratively final removal order pursuant to § 1231. Signed by District Judge Arenda L Wright Allen on 6/22/2026. Copies mailed 6/22/2026. (jmey) (Entered: 06/22/2026)

#16

Jun 22, 2026

CLERK'S JUDGMENT. Signed by Clerk on 6/22/2026. (jmey) (Entered: 06/22/2026)

#17

Jun 30, 2026

NOTICE by Robert Guadian re 15 Order,,,,, (Morales Ortiz, Miguel) (Entered: 06/30/2026)