Eastern District of Virginia • 1:25-cv-02350

Orellana-Chavarria v. Simon

Completed

Case Information

Filed: December 15, 2025
Assigned to: Patricia Tolliver Giles
Referred to: William B. Porter
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: December 23, 2025
Last Activity: February 23, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 15, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10645981.), filed by Jose Gerardo Orellana-Chavarria. (Attachments: # 1 Civil Cover Sheet)(He, Yue) (Entered: 12/15/2025)
Main Document: PETITION
#2
Dec 15, 2025
NOTICE of Appearance by Raul A. Ruiz on behalf of Pamela Bondi, Jeffrey N. Dillman, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security (Ruiz, Raul) (Entered: 12/15/2025)
Main Document: NOTICE
Dec 15, 2025
Initial Case Assignment to District Judge Patricia Tolliver Giles and US Magistrate Judge William B. Porter. (swil)
#3
Dec 16, 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 tothe usages and principles of law.'"); it is further ORDERED that if Petitioner is currently outside of this Court's jurisdiction, or in the process of being transferred outside of it, 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 Tuesday, December 23, 2025, Petitioner's counsel file with the Court a proposed release plan for the Petitioner, which must include a fixedaddress at which Petitioner shall reside should the Petition be granted. Petitioner's counsel should redact personal identifiers or file those documents under seal; and it is further ORDERED that on or before 5:00 p.m. on Tuesday, December 23, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted. Signed by District Judge Patricia Tolliver Giles on 12/16/2025. (swil) (Entered: 12/16/2025)
Main Document: ORDERED
#4
Dec 23, 2025
Opposition to 1 Petition for Writ of Habeas Corpus (2241) filed by Pamela Bondi, Jeffrey N. Dillman, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Ruiz, Raul) (Entered: 12/23/2025)
Main Document: Opposition
#5
Dec 23, 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. Petitioner must live at a fixed address and provide that address to the Court within twenty-four (24) hours of the issuance of this Order. Petitioner must also appear at the bond hearing once the government notifies him of its date, time, and location; 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); it is further ORDERED that Respondents-along with their officers, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert with thembe and are ENJOINED from rearresting Petitioner unless he has committed a new violation of any federal, state, or local law, or has failed to attend any properly noticed immigration or court hearing, or pursuant to 8 U.S.C. § 1231(a)(2); and it is further ORDERED that the parties shall file a status report on the status of Petitioners bond hearing within three (3) days of the bond hearing. The status report shall detail when the bond hearing occurred, if the bond was granted or denied, and if denied, the reasons for that denial. Signed by District Judge Patricia Tolliver Giles on 12/23/2025. (swil) (Entered: 12/23/2025)
Main Document: ORDERED
#6
Dec 23, 2025
CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58 in favor of the Petitioner Jose Gerardo Orellana-Chavarria and against the Respondents Joseph Simon, Kristi Noem, U.S. Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review and Jeffrey N. Dillman.. Entered by Clerk on 12/23/2025. (swil) (Entered: 12/23/2025)
Main Document: CLERK'S
#7
Jan 14, 2026
STATUS REPORT by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Schmidt, Robert) (Entered: 01/14/2026)
Main Document: STATUS
#8
Jan 21, 2026
MOTION for Order to Show Cause by Jose Gerardo Orellana-Chavarria. (Attachments: # 1 Exhibit, # 2 Proposed Order)(He, Yue) (Entered: 01/21/2026)
Main Document: MOTION
#9
Jan 22, 2026
NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security (Loftus, Meghan) (Entered: 01/22/2026)
Main Document: NOTICE
#10
Jan 29, 2026
Waiver of re 8 MOTION for Order to Show Cause Oral Argument by Jose Gerardo Orellana-Chavarria (He, Yue) (Entered: 01/29/2026)
Main Document: Waiver
Jan 29, 2026
Notice of Correction re 8 MOTION for Order to Show Cause. The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument. (dvanm)
#11
Feb 09, 2026
ORDERED that Petitioner's Motion for Show Cause Order is GRANTED in-part; it is further ORDERED that on or before 5:00 p.m. on February 19, 2026, Respondents SHOW CAUSE as to why Petitioner's requested relief should not be granted in re 8 Motion for Order to Show Cause. Signed by District Judge Patricia Tolliver Giles on 2/9/2026. (swil) (Entered: 02/09/2026)
Main Document: ORDERED
#12
Feb 19, 2026
Response to 11 Order on Motion for Order to Show Cause, filed by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Loftus, Meghan) (Entered: 02/19/2026)
Main Document: Response
#13
Feb 19, 2026
Consent MOTION to file DVD Exhibit re 12 Response by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 02/19/2026)
Main Document: Consent
#14
Feb 23, 2026
ORDER granting 13 Consent MOTION to file DVD Exhibit. ORDERED that the Clerk of Court shall accept the DVD as part of the record of this case. Signed by District Judge Patricia Tolliver Giles on 2/23/26. (wgar, ) (Entered: 02/23/2026)
Main Document: ORDER