Eastern District of Virginia • 1:25-cv-01817
Moreira Hernandez v. Lyons
Active
Case Information
Filed: October 20, 2025
Assigned to:
Patricia Tolliver Giles
Referred to:
Lindsey R. Vaala
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
November 19, 2025
Parties:
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Docket Entries
#1
Oct 20, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10534946.), filed by Kevin Javier Moreira Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Kim, David) (Entered: 10/20/2025)
Main Document:
PETITION
#2
Oct 22, 2025
ORDERED that Petitioner shall not be removed from this jurisdiction or the United States unless and until the Comi 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 to the usages and principles of law."'); it is further ORDERED that if Petitioner is currently in the process of being transferred outside of this jurisdiction, he must be returned to this jurisdiction unless and until the Court issues a contraryorder; and it is further ORDERED that on or before 5:00 p.m. on Wednesday, October 29, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted. Signed by District Judge Patricia Tolliver Giles on 10/22/2025. (dvanm) (Entered: 10/22/2025)
Main Document:
ORDERED
#3
Oct 22, 2025
Filed in error as duplicative (jlan) (Entered: 10/22/2025)
Oct 22, 2025
Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Lindsey R. Vaala. (triv)
#4
Oct 29, 2025
Response filed by Pamela Bondi, Department of Homeland Security, Russell Hott, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit)(Levenson, Rebecca) (Entered: 10/29/2025)
Main Document:
Response
#5
Nov 06, 2025
ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Dkt. 1) is GRANTED in part. The Court reserves ruling on the Petitioner's request for immediate release from detention; it is further ORDERED that Petitioner's counsel must file with the Court a proposed release plan for the Petitioner, which must include a fixed address at which Petitioner shall reside, within seven (7) days of the date of this Order. Petitioner should redact personal identifiers or file those documents under seal; it is further 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; 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); and it is further ORDERED that the parties shall file a status report on the status of Petitioner's 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 11/6/2025. (swil) Modified on 11/6/2025 (swil). (Entered: 11/06/2025)
Main Document:
ORDERED
#6
Nov 10, 2025
EXHIBIT Release Plan by Kevin Javier Moreira Hernandez.. (Attachments: # 1 Exhibit, # 2 Appendix)(Kim, David) (Entered: 11/10/2025)
Main Document:
EXHIBIT
#7
Nov 19, 2025
STATUS REPORT by Pamela Bondi, Department of Homeland Security, Russell Hott, Todd M. Lyons, Kristi Noem. (Barghaan, Dennis) (Entered: 11/19/2025)
Main Document:
STATUS