Eastern District of Virginia • 1:26-cv-00086

Lozano Rosales v. Simon

Completed

Case Information

Filed: January 13, 2026
Assigned to: Leonie M. Brinkema
Referred to: William E. Fitzpatrick
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: March 11, 2026
Last Activity: March 11, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 13, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10704496.), filed by roberto Lozano Rosales. (Attachments: # 1 Civil Cover Sheet)(O'Brien, Shawn) (Entered: 01/13/2026)
Main Document: First
Jan 13, 2026
Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (Sbro, )
#2
Jan 14, 2026
ORDERED that petitioner IS NOT to be removed or transferred from this district for any reason without this Courts permission; and it is further ORDERED that on or before 5:00 PM on January 21, 2026 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 Cinta and this Petition (See Order for further details). Signed by District Judge Leonie M. Brinkema on 1/14/2026. (Sbro, ) (Entered: 01/14/2026)
Main Document: ORDERED
#3
Jan 16, 2026
NOTICE of Appearance by Kent Pendleton Porter on behalf of Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Paul Perry, Joseph Simon, U.S. Department of Homeland Security (Porter, Kent) (Entered: 01/16/2026)
Main Document: NOTICE
#4
Jan 16, 2026
Response to 2 ORDER, filed by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Paul Perry, Joseph Simon, U.S. Department of Homeland Security. (Porter, Kent) (Entered: 01/16/2026)
Main Document: Response
#5
Jan 20, 2026
ORDER Granting the Petition [Dkt. No. 1], and it is hereby ORDERED that Rosales be promptly released from custody, with all his personal property, pending his bond hearing before an Immigration Judge. Rosales must live at a fixed address which he must provide to the federal respondents; and it is further ORDERED that respondents provide Rosales with a standard bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order. (see order for details) Signed by District Judge Leonie M. Brinkema on 01/20/2026. (dvanm) (Entered: 01/20/2026)
Main Document: ORDER
#6
Jan 20, 2026
Clerks Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Petitioner, Roberto Lozano Rosales, and against the Respondents, Joseph Simon, Kristi Noem, U.S. Department of Homeland Security, Pamela Bondi, Executive Office for Immigration Review and Paul Perry. Entered by Clerk on 01/20/2026. (dvanm) (Entered: 01/20/2026)
Main Document: Clerks
#8
Jan 28, 2026
ORDERED that the Clerk's Office seal petitioner's pleading filed on January 27, 2026, which identifies his fixed address, dkt. 7 . Signed by District Judge Leonie M. Brinkema on 1/28/2026. (lcre, ) (Entered: 01/28/2026)
Main Document: ORDERED
#9
Feb 06, 2026
STATUS REPORT by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Schmidt, Robert) (Entered: 02/06/2026)
Main Document: STATUS
#10
Feb 06, 2026
MOTION for Order to Show Cause by Roberto Lozano Rosales. (Attachments: # 1 Exhibit, # 2 Proposed Order)(He, Yue) (Entered: 02/06/2026)
Main Document: MOTION
#11
Feb 06, 2026
Waiver of Oral Argument by Roberto Lozano Rosales (He, Yue) (Entered: 02/06/2026)
Main Document: Waiver
#12
Feb 06, 2026
ORDERED that the federal respondents respond to petitioner's pleading by February 12, 2026. If petitioner wishes to file a reply, that pleading will be due on February 17, 2026 (see Order for details). Signed by District Judge Leonie M. Brinkema on 2/6/2026. (kgall) (Entered: 02/06/2026)
Main Document: ORDERED
#13
Feb 12, 2026
Consent Motion to File DVD Exhibit by Christian James Cooper on behalf of Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security (Attachments: # 1 Proposed Order)(Cooper, Christian) Modified to correct docket event on 2/12/2026 (Sbro, ). (Entered: 02/12/2026)
Main Document: Consent
#14
Feb 12, 2026
NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security (Cooper, Christian) (Entered: 02/12/2026)
Main Document: NOTICE
#15
Feb 12, 2026
Consent MOTION to File DVD Exhibit by Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Joseph Simon, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Cooper, Christian) (Entered: 02/12/2026)
Main Document: Consent
#16
Feb 12, 2026
RESPONSE in Opposition re 10 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. (Cooper, Christian) (Entered: 02/12/2026)
Main Document: RESPONSE
#17
Feb 12, 2026
ORDER granting 15 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 Leonie M. Brinkema on 02/12/2026. (triv) (Entered: 02/12/2026)
Main Document: ORDER
#18
Feb 17, 2026
REPLY to Response to Motion re 10 MOTION for Order to Show Cause filed by Roberto Lozano Rosales. (He, Yue) (Entered: 02/17/2026)
Main Document: REPLY
#19
Mar 11, 2026
MEMORANDUM OPINION in re MOTION for Order to Show Cause. Signed by District Judge Leonie M. Brinkema on 3/11/2026. (kgall)
Main Document: MEMORANDUM
#20
Mar 11, 2026
ORDER granting 10 Motion for Order to Show Cause. ORDERED that by March 18, 2026, the federal respondents provide Lozano Rosales with an individualized, constitutionally compliant bond hearing pursuant to 8 U.S.C. § 1226(a)before a different Immigration Judge. A bond hearing fails to comport with due process where an Immigration Judge relies on considerations that would lead to an automatic denial of bond in most, if not all, cases or on considerations that are not rationally related to whether a petitioner is a flight risk or danger to the community. ORDERED that the federal respondents-along with their officers, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert with them-be and are ENJOINED from arguing or concluding that Lozano Rosales presents a risk of flight based on his unlawful status in the United States or lack of work authorization. ORDERED that by March 23, 2026, the federal respondents file a status report with the Court stating whether Lozano Rosales has been granted bond, and, if his request for bond was denied, the reasons for that denial. Signed by District Judge Leonie M. Brinkema on 3/11/2026. (kgall) (Entered: 03/11/2026)
Main Document: ORDER