Eastern District of Virginia • 1:25-cv-02276

Benitez Gutierrez v. Noem

Completed

Case Information

Filed: December 07, 2025
Assigned to: Patricia Tolliver Giles
Referred to: William B. Porter
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: December 19, 2025
Last Activity: January 11, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 07, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10629952.), filed by Jose Benitez Gutierrez. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Civil Cover Sheet civil cover sheet)(Blessinger, Eileen) (Entered: 12/07/2025)
Main Document: PETITION
#2
Dec 07, 2025
Motion to appear Pro Hac Vice by Jessica Dawgert and Certification of Local Counsel Eileen Blessinger Filing fee $ 75, receipt number AVAEDC-10629955. by Jose Benitez Gutierrez. (Blessinger, Eileen) (Entered: 12/07/2025)
Main Document: Motion
Dec 07, 2025
Initial Case Assignment to District Judge Patricia Tolliver Giles and US Magistrate Judge William B. Porter. (swil)
#3
Dec 08, 2025
NOTICE of Appearance by Sean Douglas Jansen on behalf of Pamela Bondi, Russell Hott, Kristi Noem, Paul Perry (Jansen, Sean) (Entered: 12/08/2025)
Main Document: NOTICE
#5
Dec 08, 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. § 1651; 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 to the usages and principles of law.'"); it is further ORDERED that if Petitioner is in the process of being transferred outside of the Court's jurisdiction, 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 Monday, December 15, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted; and it is further ORDERED that on or before 5:00 p.m. on Monday, December 15, 2025, Petitioner's counsel file with the Court a proposed release plan for the Petitioner, which must include a fixed address at which Petitioner shall reside should the Petition be granted. Petitioner's counsel should redact personal identifiers or file those documents under seal. Signed by District Judge Patricia Tolliver Giles on 12/8/2025. (swil) (Entered: 12/09/2025)
Main Document: ORDERED
#4
Dec 09, 2025
ORDER granting 2 Motion for Pro hac vice. Signed by District Judge Patricia Tolliver Giles on 12/09/2025. (Giles, Patricia) (Entered: 12/09/2025)
#6
Dec 10, 2025
Sealed Document re 5 Order,,,,,. (Attachments: # 1 Exhibit Exhibit 1)(Blessinger, Eileen) (Entered: 12/10/2025)
Main Document: Sealed
#7
Dec 15, 2025
Opposition to 1 Petition for Writ of Habeas Corpus (2241), filed by Pamela Bondi, Russell Hott, Kristi Noem, Paul Perry. (Attachments: # 1 Exhibit)(Jansen, Sean) (Entered: 12/15/2025)
Main Document: Opposition
#8
Dec 17, 2025
Reply to 7 Opposition filed by Jose Benitez Gutierrez. (Blessinger, Eileen) (Entered: 12/17/2025)
Main Document: Reply
#9
Dec 19, 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; 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; it is further ORDERED that Respondents are ENJOINED from denying Petitioner release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that the parties shall file a status report on the status of Petitioner's bond hearing within three (3) days of the bond hearing. Signed by District Judge Patricia Tolliver Giles on 12/19/2025. See Order for further details. (triv) (Entered: 12/19/2025)
Main Document: ORDERED
#10
Dec 19, 2025
CLERK'S JUDGMENT entered in favor of the Petitioner in accordance with Federal Rules of Civil Procedure 58. Signed by Clerk on 12/19/2025. (triv) (Entered: 12/19/2025)
Main Document: CLERK'S
#11
Jan 11, 2026
STATUS REPORT by Pamela Bondi, Russell Hott, Kristi Noem. (Schmidt, Robert) (Entered: 01/11/2026)
Main Document: STATUS