Eastern District of Virginia • 1:25-cv-02226

Marquez Zelaya v. U.S. Immigration and Customs Enforcement

Completed

Case Information

Filed: December 02, 2025
Assigned to: Rossie David Alston Jr.
Referred to: William B. Porter
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: December 10, 2025
Last Activity: February 06, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 02, 2025
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10620355.), filed by LUIS A MARQUEZ ZELAYA. (Attachments: # 1 Civil Cover Sheet)(Hernandez, Hector) (Entered: 12/02/2025)
Main Document: First
Dec 02, 2025
Initial Case Assignment to District Judge Rossie D. Alston, Jr and US Magistrate Judge William B. Porter. (swil)
Dec 02, 2025
Electronic Fee Payment - by LUIS A MARQUEZ ZELAYA. Filing fee $ 5, receipt number AVAEDC-10620355.. (Hernandez, Hector)
#2
Dec 04, 2025
PARTIALLY VACATED PER ECF 8ORDERED that petitioner IS NOT to be removed or transferred from this District for any reason without this Courts permission; and it is further ORDERED that on or before 5:00 PM on Tuesday, December 9, 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 Friday, December 12, 2025. Signed by District Judge Rossie D. Alston, Jr on 12/4/2025. (swil) Modified on 2/6/2026 (Sbro, ). (Entered: 12/04/2025)
Main Document: PARTIALLY
#3
Dec 09, 2025
NOTICE of Appearance by Kent Pendleton Porter on behalf of Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, U.S. Immigration and Customs Enforcement (Porter, Kent) (Entered: 12/09/2025)
Main Document: NOTICE
#4
Dec 09, 2025
Response to 2 Order,,,, filed by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, U.S. Immigration and Customs Enforcement. (Porter, Kent) (Entered: 12/09/2025)
Main Document: Response
#5
Dec 10, 2025
ORDERED that the Petition (Dkt. 1) is GRANTED, and it is hereby ORDERED that Petitioner be provided with a bond hearing by an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within seven days of this order; and it is further ORDERED that Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that in the event Petitioner is released on bond by an Immigration Judge, Respondents are ENJOINED from rearresting 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, (3) he is subject to detention pursuant to a final order of removal, or (4) the order granting bond is vacated or revoked on a ground other than that Petitioner is detained under § 1225(b)(2) (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 12/10/2025. (swil) (Entered: 12/10/2025)
Main Document: ORDERED
#6
Dec 20, 2025
STATUS REPORT by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, U.S. Immigration and Customs Enforcement. (Barghaan, Dennis) (Entered: 12/20/2025)
Main Document: STATUS
#7
Feb 06, 2026
MOTION to Vacate 2 Order,,,, (Partial) by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Porter, Kent) (Entered: 02/06/2026)
Main Document: MOTION
#8
Feb 06, 2026
ORDERED that the motion is GRANTED; and it is further ORDERED that this Court's order of December 4, 2025 (Dkt. No. 2), to the extent that it precluded respondents from removing petitioner from this district, is hereby VACATED. Signed by District Judge Rossie D. Alston, Jr on 2/6/2026. (Sbro, ) (Entered: 02/06/2026)
Main Document: ORDERED

Parties

ICE
Party
MARQUEZ ZELAYA
Party