Eastern District of Virginia • 1:25-cv-02054
Hernandez Alfaro v. Simon
Completed
Case Information
Filed: November 15, 2025
Assigned to:
Leonie M. Brinkema
Referred to:
Ivan D. Davis
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: November 20, 2025
Last Activity:
January 28, 2026
Parties:
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Docket Entries
#1
Nov 15, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10589395.), filed by Carlos Alberto HERNANDEZ ALFARO. (Attachments: # 1 Civil Cover Sheet)(He, Yue) (Entered: 11/15/2025)
Main Document:
PETITION
Nov 15, 2025
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (dvanm)
#2
Nov 17, 2025
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 PM on Thursday, November 20, 2025, the federal respondents file either a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Ceba Cinta v. Noem. et al., 1:25-cv-1818 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Ceba Cina and this Petition; and it is further ORDERED that if the federal respondents file a Notice that there are no material differences between this Petition and Ceba Cinta 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 federal 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 Wednesday, November 26, 2025. Signed by District Judge Leonie M. Brinkema on 11/17/2025. (jlan) (Entered: 11/18/2025)
Main Document:
ORDERED
#3
Nov 18, 2025
NOTICE of Appearance by Daniel Patrick Shean on behalf of Pamela Bondi, Executive Office for Immigration Review (EOIR), Kristi Noem, Joseph Simon, US Department of Homeland Security (Shean, Daniel) (Entered: 11/18/2025)
Main Document:
NOTICE
#4
Nov 20, 2025
Response to 2 Order,,,, filed by Pamela Bondi, Kristi Noem, Joseph Simon, US Department of Homeland Security. (Shean, Daniel) (Entered: 11/20/2025)
Main Document:
Response
#5
Nov 20, 2025
ORDERED that Alfaro be promptly released from custody, with all his personal property, pending his bond hearing before an Immigration Judge. Alfaro must live at a fixed address which he must provide to the federal respondents. ORDERED that respondents provide Alfaro with a standard bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order (see order for details). Signed by District Judge Leonie M. Brinkema on 11/20/2025. (dvanm) (Entered: 11/20/2025)
Main Document:
ORDERED
#6
Nov 20, 2025
Clerks Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Petitioner, Carlos Alberto Hernandez Alfaro, and against the Respondents, Joseph Simon, Kristi Noem, US Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review,and Jeff Crawford. Entered by Clerk on 11/20/2025. (dvanm) (Entered: 11/20/2025)
Main Document:
Clerks
#7
Dec 03, 2025
STATUS REPORT by Pamela Bondi, Executive Office for Immigration Review (EOIR), Kristi Noem, Joseph Simon, US Department of Homeland Security. (Barghaan, Dennis) (Entered: 12/03/2025)
Main Document:
STATUS
#8
Jan 15, 2026
NOTICE OF APPEAL as to 6 Clerk's Judgment, by Pamela Bondi, Executive Office for Immigration Review (EOIR), Kristi Noem, Joseph Simon, US Department of Homeland Security. (Shean, Daniel) (Entered: 01/15/2026)
Main Document:
NOTICE
#9
Jan 16, 2026
Transmission of Notice of Appeal to US Court of Appeals re 8 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) (dvanm, ) (Entered: 01/16/2026)
Main Document:
Transmission
#10
Jan 21, 2026
USCA Case Number 26-6097 Fourth Circuit, Case Manager S. Batchleor for 8 Notice of Appeal filed by Kristi Noem, Executive Office for Immigration Review (EOIR), US Department of Homeland Security, Joseph Simon, Pamela Bondi. (Sbro, ) (Entered: 01/21/2026)
Main Document:
USCA
#11
Jan 28, 2026
NOTICE of Fixed Address by Carlos Alberto Hernandez Alfaro (He, Yue) (Entered: 01/28/2026)
Main Document:
NOTICE
#12
Jan 28, 2026
ORDER of USCA as to 8 Notice of Appeal. Upon consideration of petitioner's unopposed motion for abeyance, the court grants the motion and places this case in abeyance pending a decision by this court in Garcia v. Guadian, No. 25-7044 and Rivera v. Guadian, No. 25-7050. (Dest) (Entered: 01/28/2026)
Main Document:
ORDER
#13
Jan 28, 2026
ORDERED that the Clerk's Office seal petitioner's pleading filed on January 28,2026, which identifies his fixed address, [Dkt. No. 11]. Signed by District Judge Leonie M. Brinkema on 1/28/2026. (Sbro, ) (Entered: 01/28/2026)
Main Document:
ORDERED
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