Eastern District of Virginia • 3:25-cv-00758

#1

Sep 17, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10469041.), filed by Jose Omar Duarte Escobar. (Attachments: # 1 Civil Cover Sheet civil cover sheet)(Soltis, Katherine) (Main Document 1 replaced on 9/17/2025) (ewat, ). (Entered: 09/17/2025)

#2

Sep 17, 2025

Proposed Summons by Jose Omar Duarte Escobar (Soltis, Katherine) (Entered: 09/17/2025)

Sep 17, 2025

Initial Case Assignment to District Judge M. Hannah Lauck. (ewat, )

#3

Sep 19, 2025

MEMORANDUM ORDER - Petitioner, a federal detainee with counsel, submitted a petition under 28 U.S.C. § 2241 and paid the full filing fee. Upon consideration of Petitioner's payment of the full filing fee and the petition for a writ of habeas corpus, it is ORDERED that: The petition is FILED; Rule 2 of the Rules Governing Section 2254 Cases requires that petitions pursuant to 28 U.S.C. § 2254 be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under 28 U.S.C. § 2242." Rules Governing § 2254 Cases in U.S. District Courts, Rule 2(c)(5). The current petition does not comply with Rule 2. Accordingly, Petitioner is DIRECTED to submit, within eleven (11) days of the date of entry hereof, a petition complying with Rule 2. The Clerk is DIRECTED to send a copy of this Memorandum Order to counsel for Petitioner. It is so ORDERED. Signed by District Judge M. Hannah Lauck on 9/19/2025. (ewat, ) (Entered: 09/19/2025)

#4

Sep 19, 2025

AMENDED COMPLAINT against Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry, filed by Jose Omar Duarte Escobar.(Soltis, Katherine) (Entered: 09/19/2025)

#5

Sep 22, 2025

MEMORANDUM ORDER - Petitioner's current submission fails to demonstrate that counsel qualifies as a "next friend" and again fails to comply with Rule 2(c)(5). Counsel's assertion that she submitted the petition "on behalf of the Petitioner because [she is] the attorney for Petitioner" is insufficient toqualify counsel as Petitioner's "next friend." (ECF No. 4, at 13.) Accordingly, Petitioner is DIRECTED to submit, within twenty-one (21) days of the date of entry hereof, a petition complying with Rule 2 or argument as to why counsel should qualify as a next friend. Failure to comply with this order shall result in dismissal of the action. See Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to send a copy of this Memorandum Order to counsel for Petitioner. And it is so ORDERED. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 9/22/2025. (ewat, ). (Entered: 09/22/2025)

#6

Sep 26, 2025

MOTION for Temporary Restraining Order and Supporting Memorandum of Law by Jose Omar Duarte Escobar. (Attachment: # 1 Proposed Order proposed order)(Soltis, Katherine). Modified on 9/29/2025. (sbea) (Entered: 09/26/2025)

#7

Sep 26, 2025

MEMORANDUM ORDER denying 6 Motion for Temporary Restraining Order. SEE ORDER FOR DETAILS. Copy electronically sent to Petitioner's counsel and the United States Attorney's Office. Signed by District Judge M. Hannah Lauck on 9/26/25. (mful, ) (Entered: 09/26/2025)

#8

Oct 01, 2025

MEMORANDUM ORDER - Because Petitioner's latest filing asserts that Petitioner "was going to be removed from the U.S. shortly," (ECF No. 6, at 3), the Court ORDERS Petitioner to SHOW CAUSE why the Court should not deem Petitioners case as moot. Petitioner SHALL SHOW CAUSE no later than October 8, 2025. Because Petitioner's latest filing asserts that Petitioner is no longer within the Court's jurisdiction, the Court ORDERS Petitioner to SHOW CAUSE that this Court has jurisdiction over any Amended Petition from Petitioner under 28 U.S.C. § 2241. Petitioner SHALL SHOW CAUSE no later than October 8, 2025. The Court maintains Petitioner's deadline to file an Amended Petition, as set out in the Court's order on September 22, 2025. (ECF No. 5 .) SEE ORDER FOR DETAILS (. Signed by District Judge M. Hannah Lauck on 10/1/25. (mful, ) (Entered: 10/01/2025)

#9

Oct 07, 2025

AMENDED Petition against Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry, filed by Jose Omar Duarte Escobar. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Soltis, Katherine) (Clerk saved and replaced Exhibit on 10/10/2025). Modified on 10/10/2025. (sbea) (Entered: 10/07/2025)

#10

Oct 07, 2025

Response to Order to Show Cause filed by Jose Omar Duarte Escobar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Soltis, Katherine). (Clerk saved and replaced Exhibit A on 10/10/2025). Modified on 10/10/2025. (sbea) (Entered: 10/07/2025)

#11

Oct 08, 2025

MEMORANDUM ORDER - This matter comes before the Court on Petitioner's Amended Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 9 .) The Court now ORDERS Respondents to file, within seven (7) days of the entry of this Order, a response to Petitioner's filings. (ECF Nos. 1, 4, 9, 10 .) Specifically, Respondents SHALL address (1) whether the Court has jurisdiction over the Petition despite Petitioner's initial failure to file a Petition in accordance with Rule 2(c)(5) of the Rules Governing Section 2254 Cases while Petitioner was detained in Virginia; (2) whether Petitioner's filing of an amended Petition that complies with Rule 2(c)(5) provides the Court with jurisdiction; (3) the factual bases underlying Petitioner's detention, including a description of each location where Petitioner has been detained, where he has been transferred, and the reasons for those transfers; and (4) the same factual bases underlying any future transfers of Petitioner. Petitioner SHALL file a reply within seven (7) days of the date of filing of Respondents' Response. Petitioner SHALL address the same issues as Respondents. SEE ORDER FOR DETAILS. The Court DIRECTS the Clerk to make service upon Respondents by electronically transmitting a copy of this Memorandum Order and the Petition to the United States Attorney for the Eastern District of Virginia. A copy of this Memorandum Order SHALL also be sent to Petitioner's counsel of record. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/8/2025. (Copy of Memorandum Order sent to AUSA as directed.) (jenjones, ) (Entered: 10/08/2025)

#12

Oct 08, 2025

NOTICE of Appearance by Jonathan Holland Hambrick on behalf of Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry (Hambrick, Jonathan) (Entered: 10/08/2025)

Oct 10, 2025

Notice of Correction re: 9 Amended Petition and 10 Response; ECF Nos. that contain PDF documents that were not properly saved. Fillable forms that are not properly saved are documents that can be manipulated. In the future, to properly save a PDF fillable form, click on the File menu, select Print, and then select our PDF writer from the Printer Name List, then click on Print or OK depending on your program. Clerk has saved and replaced documents ECF No. 9 Exhibit B and ECF No. 10 Exhibit A. No further action is required. (sbea)

#13

Oct 15, 2025

Response to 11 Order of Prisoner Service (2241),,,,,, filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry. (Attachments: # 1 Exhibit 1)(Hambrick, Jonathan) (Entered: 10/15/2025)

#14

Oct 15, 2025

MEMORANDUM ORDER - In its October 8, 2025 Order, the Court ordered Petitioner to file a reply within seven days of Respondents' briefing. (ECF No. 11, at 2.) Given the parties' agreement on the subject of the Court's jurisdiction. Petitioner's reply is unnecessary. The Court now orders the parties to proceed to brief the merits of Petitioner's amended petition. (ECF No. 9 .) Because Respondents have notified the Court that Petitioner is scheduled to attend a removal hearing on October 28, 2025, (ECF No. 13, at 3), Petitioner and Respondents SHALL file cross-motions for summary judgment on the amended petition, (ECF No. 9 ), no later than October 20, 2025 at 5:00 p.m. The parties SHALL file cross-replies no later than October 22, 2025 at 5:00 p.m. Respondents must certify that their responsive pleadings comply with Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts. Service shall be made upon Respondents by electronically transmitting a copy of this Memorandum Order and the petition to the United States Attorney for the Eastern District of Virginia. A copy of this Memorandum Order shall also be sent to Petitioner SEE ORDER FOR DETAILS. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/15/2025. (Entered: 10/15/2025)

#15

Oct 20, 2025

MOTION for Summary Judgment by Jose Omar Duarte Escobar. (Attachments: # 1 Proposed Order)(Soltis, Katherine) (Entered: 10/20/2025)

#16

Oct 20, 2025

Memorandum in Support re 15 MOTION for Summary Judgment filed by Jose Omar Duarte Escobar. (Attachments: # 1 Exhibit)(Soltis, Katherine) (Entered: 10/20/2025)

#17

Oct 20, 2025

MOTION for Summary Judgment by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry. (Hambrick, Jonathan) (Entered: 10/20/2025)

#18

Oct 20, 2025

Memorandum in Support re 17 MOTION for Summary Judgment filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry. (Attachments: # 1 Exhibit 1)(Hambrick, Jonathan) (Entered: 10/20/2025)

#19

Oct 22, 2025

Reply to 15 MOTION for Summary Judgment filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry. (Hambrick, Jonathan) (Entered: 10/22/2025)

#20

Oct 22, 2025

Reply to Motion re 17 MOTION for Summary Judgment filed by Jose Omar Duarte Escobar. (Soltis, Katherine) (Entered: 10/22/2025)

#21

Oct 27, 2025

MEMORANDUM OPINION. Signed by District Judge M. Hannah Lauck on 10/27/2025. (ewat, )

#22

Oct 27, 2025

ORDER - For the reasons stated in the accompanying Memorandum Opinion, the Court GRANTS the Amended Petition. (ECF No. 9 .) The Court GRANTS Mr. Duarte Escobar's Motion for Summary Judgment, (ECF No. 15 ), and DENIES Respondents' Motion for Summary Judgment, (ECF No. 17 ). Respondents are ORDERED to provide Mr. Duarte Escobar with a bond hearing pursuant to 8 U.S.C. § 1226. Taking into account Petitioner's October 28, 2025 Master Calendar Hearing, the Court ORDERS that the immigration court provide Mr. Duarte Escobar with the opportunity for a bond hearing prior to hearing any matter on the merits of Mr. Duarte Escobar's removal. Respondents SHALL confirm that this Order has been followed by close of business on October 29, 2025. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/27/2025. (ewat, ) (Entered: 10/27/2025)

#23

Oct 29, 2025

Response to 22 Order on Motion for Summary Judgment,,,,,,, filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Paul Perry. (Hambrick, Jonathan) (Entered: 10/29/2025)

#24

Oct 30, 2025

ORDER - The Court now ORDERS Respondents to file an update with this Court no later than November 21, 2025, at 5:00 p.m. stating whether Mr. Duarte Escobar has received a bondhearing. SEE ORDER FOR DETAILS. It is SO ORDERED. Signed by District Judge M. Hannah Lauck on 10/30/2025. (ewat, ) (Entered: 10/30/2025)