Eastern District of Virginia • 1:25-cv-02242

Divafkan v. Lyons

Completed

Case Information

Filed: December 03, 2025
Assigned to: Anthony John Trenga
Referred to: Lindsey R. Vaala
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: January 20, 2026
Last Activity: January 20, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 03, 2025
PETITION for Writ of Habeas Corpus (Filing Fee $5 receipt number AVAEDC-10623689), filed by Farshid Divafkan. (Attachments: # 1 Civil Cover Sheet)(Bhargava, Inderjit) (Entered: 12/03/2025)
Main Document: First
Dec 04, 2025
Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Lindsey R. Vaala. (triv)
#2
Dec 05, 2025
ORDERED that the Respondents and any of Respondents' officers, agents, servants, employees, and attorneys, as well as other person acting in concert with them be, and the same hereby are, ENJOINED from removing the Petitioner from this judicial district pending further order of the Court; and it is further ORDERED that at or before 5:00 PM on December 9, 2025, the Respondents file either (a) a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Hernandez v. Crawford, No. 1:25-CV-01565-AJT-WBP, 2025 WL 2940702 (E.D. Va. Oct. 16, 2025) or the other opinions of this Court cited therein; or (b) an Opposition to the Petition discussing the material differences between Hernandez and this Petition; and it is further ORDERED that if the Respondents file an Opposition to the Petition, Petitioner shall file any Reply in further support of the Petition at or before 5:00 PM on December 12, 2025. Signed by District Judge Anthony J. Trenga on 12/05/2025. See Order for further details. (triv) (Entered: 12/05/2025)
Main Document: ORDERED
#3
Dec 08, 2025
MOTION to Correct Clerical Error by Farshid Divafkan. (Bhargava, Inderjit) (Entered: 12/08/2025)
Main Document: MOTION
#4
Dec 08, 2025
NOTICE of Appearance by Peter B. Baumhart on behalf of Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon (Baumhart, Peter) (Entered: 12/08/2025)
Main Document: NOTICE
#5
Dec 09, 2025
NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon (Loftus, Meghan) (Entered: 12/09/2025)
Main Document: NOTICE
#6
Dec 09, 2025
Opposition to 1 PETITION for Writ of Habeas Corpus filed by Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Loftus, Meghan) (Entered: 12/09/2025)
Main Document: Opposition
#7
Dec 10, 2025
AMENDED ORDER in re 3 MOTION to Correct Clerical Error. Signed by District Judge Anthony J. Trenga on 12/10/2025. See Order for further details. (triv) (Entered: 12/10/2025)
Main Document: AMENDED
#8
Dec 11, 2025
REPLY Brief (to Government Opposition) filed by Farshid Divafkan. (Attachments: # 1 Supporting Supplemental Evidence)(Bhargava, Inderjit) (Entered: 12/11/2025)
Main Document: REPLY
#9
Dec 29, 2025
REQUEST for Status Update, filed by Farshid Divafkan. (Bhargava, Inderjit). Modified text to correct filing event on 12/31/2025 (Dest). (Entered: 12/29/2025)
Main Document: REQUEST
#10
Jan 08, 2026
NOTICE by Farshid Divafkan Second Request for Status Update (Bhargava, Inderjit) (Entered: 01/08/2026)
Main Document: NOTICE
#11
Jan 20, 2026
ORDERED that the Petition is GRANTED and that Respondents immediately release Petitioner under an Order of Supervision pursuant to § 1231(a)(3); and it is further ORDERED that Respondents and any of Respondents' officers, agents, servants, employees, and attorneys, as well as other person acting in concert, are ENJOINED from re-detaining Petitioner except upon a showing of sufficient changed circumstances with respect to the prospects for removal to a qualifying consenting country; and it is further ORDERED that Respondents file a status report with this Court within three days stating whether Petitioner has been released and if not, why not; and it is further ORDERED that Petitioner's request for attorney's fees and costs under the Equal Access to Justice Act, as amended, 28 U.S.C. § 2412, or on any other basis justified under law, is DENIED. Signed by District Judge Anthony J Trenga on 01/20/2026. (dvanm) (Entered: 01/20/2026)
Main Document: ORDERED