Eastern District of Virginia • 3:26-cv-00612

Hernandez Perez v. Perry

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Case Information

Filed: July 01, 2026
Assigned to: Mary Hannah Lauck
Referred to: Mark R. Colombell
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: August 10, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for Writ of Habeas Corpus filed by Maximino Hernandez Perez. (Attachments: # 1 Envelope)(jenjones, ) (Entered: 07/02/2026)
Main Document: PETITION
#2
Jul 01, 2026
MOTION for Leave to Proceed in forma pauperis by Maximino Hernandez Perez. (jenjones, ) (Entered: 07/02/2026)
Main Document: MOTION
#3
Jul 07, 2026
NOTICE of Appearance by Jonathan Holland Hambrick on behalf of Robert Guadian, Paul Perry (Hambrick, Jonathan) (Entered: 07/07/2026)
Main Document: NOTICE
#4
Jul 15, 2026
MEMORANDUM ORDER (Waiving Filing Fee and Serving 28 U.S.C. § 2241 Petition) - it is ORDERED that: Petitioner's application to proceed in forma pauperis is GRANTED; The filing fee is WAIVED; The petition shall be FILED; It appearing to this Court that the factual circumstances and legal issues presented in the § 2241 Petition are materially identical to those presented in other recently filed and adjudicated habeas petitions addressing the propriety of mandatory detention pursuant to 8 U.S.C. § 1225(b)(2), it is ORDERED Respondents SHALL file, within seven (7) days either a Notice indicating that the factual and legal issues presented in the petition do not differ in any material fashion from those presented in Duarte Escobar v. Noem, et al., 3:25-cv-758 (E.D. Va.), or an Opposition to the § 2241 Petition discussing the material differences between Duarte Escobar and the petition. SEE ORDER FOR FURTHER DETAILS. It is so ORDERED. Signed by Magistrate Judge Mark R. Colombell on 7/15/2026. (Copy of this Memorandum Order sent to the United States Attorney for this District and a copy mailed to Petitioner as directed.) (jenjones, ) (Entered: 07/15/2026)
Main Document: MEMORANDUM
#5
Jul 22, 2026
NOTICE by Robert Guadian, Paul Perry re: 4 Memorandum Order (Hambrick, Jonathan). Modified on 7/22/2026. (sbea) (Entered: 07/22/2026)
Main Document: NOTICE
#6
Jul 28, 2026
Mail Returned as "Return to Sender; Attempted not known; Unable to forward" as to Maximo Hernandez Perez (adun, ) (Entered: 07/29/2026)
Main Document: Mail
#7
Aug 06, 2026
MEMORANDUM OPINION. SEE ORDER FOR DETAILS. Signed by Chief District Judge M Hannah Lauck on 8/6/2026. (jenjones, )
Main Document: MEMORANDUM
#8
Aug 06, 2026
ORDER - For the reasons stated in the accompanying Memorandum Opinion, the Court GRANTS the Petition. (ECF No. 1 .) Respondents are DIRECTED to provide Petitioner with a copy of this Memorandum Opinion and Order. The Court ORDERS that the Immigration Court provide Petitioner with a bond hearing prior to any hearing on the merits of his removal, and no later than twenty-four (24) hours from the date of entry of this Order, or if that period falls on a weekend, on the next business day. The Court further ORDERS that at that hearing, Respondents SHALL bear the burden of showing that Petitioner is a danger or a flight risk by clear and convincing evidence. Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). SEE ORDER FOR FURTHER DETAILS. It is SO ORDERED. Signed by Chief District Judge M Hannah Lauck on 8/6/2026. (jenjones, ) (Entered: 08/06/2026)
Main Document: ORDER
#9
Aug 10, 2026
NOTICE by Robert Guadian, Paul Perry re 8 Order,,, (Hambrick, Jonathan) (Entered: 08/10/2026)
Main Document: NOTICE