Eastern District of Virginia • 1:25-cv-02380

Sierra-Cerritos v. Simon

Completed

Case Information

Filed: December 17, 2025
Assigned to: Rossie David Alston Jr.
Referred to: Lindsey R. Vaala
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: January 07, 2026
Last Activity: March 18, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 17, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10653466.), filed by Jose Virgilio Sierra-Cerritos. (Attachments: # 1 Civil Cover Sheet)(He, Yue) (Entered: 12/17/2025)
Main Document: PETITION
Dec 17, 2025
Initial Case Assignment to District Judge Rossie D. Alston, Jr and Magistrate Judge Lindsey R. Vaala. (dvanm)
#2
Dec 18, 2025
ORDERED that petitioner IS NOT to be removed or transferred from this District for any reason without this Court's permission; and it is further ORDERED that on or before 5:00 PM on Tuesday, December 23, 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 26, 2025. Signed by District Judge Rossie D. Alston, Jr on 12/18/2025. (swil) (Entered: 12/18/2025)
Main Document: ORDERED
#3
Dec 22, 2025
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: 12/22/2025)
Main Document: NOTICE
#4
Dec 22, 2025
Response to 2 Order,,,, filed by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Loftus, Meghan) (Entered: 12/22/2025)
Main Document: Response
#5
Jan 07, 2026
ORDERED the Petition (Dkt. 1) is GRANTED. 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. 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). 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, stale, 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 details). Signed by District Judge Rossie D. Alston, Jr on 1/7/2026. (kgall) (Entered: 01/07/2026)
Main Document: ORDERED
#6
Jan 17, 2026
STATUS REPORT by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Schmidt, Robert) (Entered: 01/17/2026)
Main Document: STATUS
#7
Feb 18, 2026
MOTION for Order to Show Cause by Jose Virgilio Sierra-Cerritos. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit)(He, Yue) (Entered: 02/18/2026)
Main Document: MOTION
#8
Feb 18, 2026
Waiver of re 7 MOTION for Order to Show Cause Oral Argument by Jose Virgilio Sierra-Cerritos (He, Yue) (Entered: 02/18/2026)
Main Document: Waiver
#9
Feb 26, 2026
NOTICE of Appearance by Ivan Yacub on behalf of Jose Virgilio Sierra-Cerritos (Yacub, Ivan) (Entered: 02/26/2026)
Main Document: NOTICE
#10
Feb 26, 2026
MOTION to Enforce Judgment January 7, 2026 Habeas Order by Jose Virgilio Sierra-Cerritos. (Yacub, Ivan) (Entered: 02/26/2026)
Main Document: MOTION
#11
Feb 26, 2026
Memorandum in Support re 10 MOTION to Enforce Judgment January 7, 2026 Habeas Order filed by Jose Virgilio Sierra-Cerritos. (Yacub, Ivan) (Entered: 02/26/2026)
Main Document: Memorandum
#12
Feb 26, 2026
ORDERED that Petitioner IS NOT to be removed or transferred from this District for any reason without this Court's permission; and it is further ORDERED that, on or before 5:00 PM on Thursday, March 5, 2026, the Federal Respondents file a response addressing Petitioner's Motions (Dkts. 7, 10); and it is further ORDERED that Petitioner shall file any reply in further support of his requests for relief on or before 5:00 PM on Thursday, March 12, 2026. Signed by District Judge Rossie D. Alston, Jr. on 02/26/2026. See Order for further details. (triv) (Entered: 02/26/2026)
Main Document: ORDERED
#13
Mar 05, 2026
Response to 12 Order of Prisoner Service (2241),, filed by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Loftus, Meghan) (Entered: 03/05/2026)
Main Document: Response
#14
Mar 05, 2026
Consent MOTION to File DVD Exhibit re 13 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: 03/05/2026)
Main Document: Consent
#15
Mar 05, 2026
ORDER granting 14 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 Rossie D. Alston, Jr on 03/05/2026. (wgar, ) (Entered: 03/05/2026)
Main Document: ORDER
#16
Mar 12, 2026
Reply to 13 Response, 12 Order of Prisoner Service (2241),, filed by Jose Virgilio Sierra-Cerritos. (Yacub, Ivan) (Entered: 03/12/2026)
Main Document: Reply
#17
Mar 18, 2026
ORDERED that the Motion to Enforce (Dkt. 10) is GRANTED. ORDERED that the Motion for Order to Show Cause (Dkt. 7) is DENIED as moot. ORDERED that the Respondents are DIRECTED to provide Petitioner, on or before March 27, 2026. with an individualized, constitutionally compliant bond hearing pursuant to 8 U.S.C. §1226(a) before an Immigration Judge. A bond hearing fails to comport with due process where an Immigration Judge relies solely on considerations that would lead to an automatic denial of bond in most, if not all, cases. Signed by District Judge Rossie D. Alston, Jr on 3/18/2026. (kgall) (Entered: 03/18/2026)
Main Document: ORDERED

Parties

Sierra-Cerritos
Party
Simon
Party