Eastern District of Virginia • 1:26-cv-02727

#1

Aug 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-11268764.), filed by Jose Mario Menjivar. (Attachments: # 1 Civil Cover Sheet)(He, Yue) (Entered: 08/24/2026)

#2

Aug 24, 2026

ORDERED that respondents be and are ENJOINED from removing or transferring petitioner from this district for any reason without this Court's permission. ORDERED that on or before 5:00 PM on August 28, 2026, 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 Cinta and this Petition. ORDERED that if 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. ORDERED that if 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 September 3, 2026. Signed by District Judge Leonie M. Brinkema on 8/24/2026. (kgall) (Entered: 08/24/2026)

Aug 24, 2026

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (dvanm)

#3

Aug 28, 2026

NOTICE of Appearance by Elizabeth Anne Spavins on behalf of Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, Donnovan Wright (Spavins, Elizabeth) (Entered: 08/28/2026)

#4

Aug 28, 2026

NOTICE (Response) to 2 ORDER, filed by Todd Blanche, Executive Office for Immigration Review, Markwayne Mullin, U.S. Department of Homeland Security, Donnovan Wright. (Spavins, Elizabeth) (Entered: 08/28/2026)

#5

Aug 28, 2026

ORDER that Menjivar's Petition, [Dkt. No. 1], is GRANTED, and it is hereby ORDERED that Menjivar be promptly released from custody, with all his personal property, in order to appear at a bond hearing before an Immigration Judge; and it is further ORDERED that Menjivar live at a fixed address which he must provide to the federal respondents; and it is further ORDERED that respondents provide Menjivar with an individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order; and it is further ORDERED that respondents be and are ENJOINED from denying bond to Menjivar on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); ORDERED that, if Menjivar is granted bond, respondents be and are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). Signed by District Judge Leonie M. Brinkema on 08/28/2026. See Order for further details. (triv) (Entered: 08/29/2026)

#6

Aug 28, 2026

CLERK'S JUDGMENT entered in favor of Petitioner, Jose Mario Menjivar, in accordance with Federal Rules of Civil Procedure 58. Signed by Clerk on 08/28/2026. (triv) (Entered: 08/29/2026)