Completed
Case Information
Filed: November 20, 2025
Assigned to:
Patricia Tolliver Giles
Referred to:
Lindsey R. Vaala
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: December 17, 2025
Last Activity:
December 17, 2025
Parties:
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Docket Entries
#1
Nov 20, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10601146.), filed by Sergio Mario Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Stevens, Shawna) (Entered: 11/20/2025)
Main Document:
PETITION
Nov 20, 2025
Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Lindsey R. Vaala. (swil)
#2
Nov 24, 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. § \ 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 tothe usages and principles of law.'"); it is further ORDERED that if Petitioner is currently outside of this Court's jurisdiction, or in the process of being transferred outside of it, 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 Friday. December 5, 2025, Petitioner's counsel file with the Court a proposed release plan for the Petitioner, which must include a fixed addressat which Petitioner shall reside should the Petition be granted. Petitioner's counsel should redact personal identifiers or file those documents under seal; and it is further ORDERED that on or before 5:00 p.m. on Friday, November 28, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted. Signed by District Judge Patricia Tolliver Giles on 11/24/2025. (swil) (Entered: 11/25/2025)
Main Document:
ORDERED
#3
Nov 26, 2025
NOTICE of Appearance by Garry D. Hartlieb on behalf of Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Kristi Noem, Paul Perry, Joseph Simon (Hartlieb, Garry) (Entered: 11/26/2025)
Main Document:
NOTICE
#4
Nov 28, 2025
Opposition to 1 Petition for Writ of Habeas Corpus (2241) filed by Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Kristi Noem, Paul Perry, Joseph Simon. (Attachments: # 1 Exhibit FREX 1)(Hartlieb, Garry) (Entered: 11/28/2025)
Main Document:
Opposition
#5
Dec 05, 2025
Declaration Proposed Release Plan by Sergio Mario Hernandez. (Attachments: # 1 Exhibit)(Stevens, Shawna) (Entered: 12/05/2025)
Main Document:
Declaration
#6
Dec 17, 2025
ORDERED that the Petition for Writ of Habeas Corpus (Dkt. 1) is GRANTED; it is further 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 the fixed address provided in the release plan (Dkt. 5) and appear at the bond hearing once the government notifies him of its date, time, and location; it is further ORDERED that Respondents must provide Petitioner with a standard bond hearing pursuant to 8 U.S.C. § 1226(a) within twenty-one (21) days of the date of this Order (See Order for further details). Signed by District Judge Patricia Tolliver Giles on 12/17/2025. (Sbro, ) (Entered: 12/17/2025)
#7
Dec 17, 2025
JUDGMENT is hereby entered in favor of Petitioner Sergio Mario Hernandez and against Respondents Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review (EOIR), Paul Perry, Kristi Noem, Joseph Simon Pursuant to the Order of this Court entered on December 17, 2025 and in accordance with Federal Rules of Civil Procedure 58. Signed by Clerk on 12/17/2025. (Sbro, ) (Entered: 12/17/2025)
Main Document:
JUDGMENT
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