Eastern District of Virginia • 1:26-cv-00345

Garcia Hernandez v. Noem

Completed

Case Information

Filed: February 04, 2026
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: February 12, 2026
Last Activity: February 26, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 04, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10759806.), filed by Carlos Daniel Garcia Hernandez. (Attachments: # 1 Exhibit Exhibit 1 - IJ Bond Decision - Carlos Daniel Garcia Hernandez, # 2 Civil Cover Sheet)(Haynes, Leah) (Entered: 02/04/2026)
Main Document: PETITION
Feb 04, 2026
Initial Case Assignment to District Judge Patricia Tolliver Giles and US Magistrate Judge William B. Porter. (dvanm, )
#2
Feb 05, 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 February 8, 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 Portillo v. Perry, et al, 1:25-cv-1646 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Andrade Portillo and this Petition. (see order for details) Signed by District Judge Patricia Tolliver Giles on 02/05/2026. (dvanm, ) (Entered: 02/05/2026)
Main Document: ORDERED
#3
Feb 06, 2026
NOTICE of Appearance by Robert Jacob Schmidt on behalf of Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem (Schmidt, Robert) (Entered: 02/06/2026)
Main Document: NOTICE
#4
Feb 06, 2026
NOTICE by Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem re 2 Order,, (Schmidt, Robert) (Entered: 02/06/2026)
Main Document: NOTICE
#5
Feb 12, 2026
ORDERED that the Petition for Writ of Habeas Corpus (Dkt. 1) is GRANTED. 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 itsdate, time, and location. ORDERED that Respondents must provide Petitioner with a standard bond hearing pursuant to 8 U.S.C. § 1226(a) within fourteen (14) days of the date of this Order. 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). ORDERED that 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 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) (see Order for details). Signed by District Judge Patricia Tolliver Giles on 2/12/2026. (kgall) (Entered: 02/12/2026)
Main Document: ORDERED
#6
Feb 12, 2026
CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of the petitioner Carlos Daniel Garcia Hernandez and against the respondents Kristi Noem, Todd Lyons, Robert Guadian, Pamela Bondi, and Jeffrey Crawford. Entered by Clerk on 2/12/2026. (kgall) (Entered: 02/12/2026)
Main Document: CLERK'S
#7
Feb 13, 2026
MOTION to Seal NOTICE OF PETITIONER'S ADDRESS AND MOTION TO SEAL by Carlos Daniel Garcia Hernandez. (Attachments: # 1 Proposed Order Proposed Order)(Haynes, Leah) (Entered: 02/13/2026)
Main Document: MOTION
#8
Feb 13, 2026
Memorandum in Support re 7 MOTION to Seal NOTICE OF PETITIONER'S ADDRESS AND MOTION TO SEAL MEMORANDUM IN SUPPORT OF MOTION TO SEAL filed by Carlos Daniel Garcia Hernandez. (Haynes, Leah) (Entered: 02/13/2026)
Main Document: Memorandum
#9
Feb 13, 2026
Notice of Filing Sealing Motion LCvR5(C) by Carlos Daniel Garcia Hernandez re 7 MOTION to Seal NOTICE OF PETITIONER'S ADDRESS AND MOTION TO SEAL NOTICE OF SEALING MOTION (Haynes, Leah) (Entered: 02/13/2026)
Main Document: Notice
#10
Feb 13, 2026
Sealed Document re 7 MOTION to Seal NOTICE OF PETITIONER'S ADDRESS AND MOTION TO SEAL. (Haynes, Leah) (Entered: 02/13/2026)
Main Document: Sealed
#11
Feb 13, 2026
Waiver of re 7 MOTION to Seal NOTICE OF PETITIONER'S ADDRESS AND MOTION TO SEAL Waiver of Hearing by Carlos Daniel Garcia Hernandez (Haynes, Leah) (Entered: 02/13/2026)
Main Document: Waiver
#12
Feb 17, 2026
ORDER granting 7 Motion to Seal. Signed by US Magistrate Judge William B. Porter on 2/17/2026. (dvanm, ) (Entered: 02/17/2026)
Main Document: ORDER
#13
Feb 26, 2026
STATUS REPORT by Pamela Bondi, Robert Guadian, Todd Lyons, Kristi Noem. (Schmidt, Robert) (Entered: 02/26/2026)
Main Document: STATUS

Parties

Garcia Hernandez
Party
Noem
Party