Eastern District of Virginia • 3:25-cv-00897

Alvarez Munoz v. Simon

Terminated

Case Information

Filed: October 30, 2025
Assigned to: Roderick C. Young
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: January 06, 2026
Last Activity: January 06, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 30, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10557085.), filed by Javier Ivan Alvarez Munoz. (Attachments: # 1 Civil Cover Sheet)(Shemin, Doran) (Entered: 10/30/2025)
Main Document: PETITION
#2
Oct 30, 2025
NOTICE of Appearance by Doran Michelle Shemin on behalf of Javier Ivan Alvarez Munoz (Shemin, Doran) (Entered: 10/30/2025)
Main Document: NOTICE
Oct 30, 2025
Initial Case Assignment to District Judge Roderick C. Young. (ewat, )
#3
Oct 31, 2025
LOCAL CIVIL RULE 7(E) STANDING ORDER. Signed by District Judge Roderick C. Young on 7/16/2024. (ewat, ) (Entered: 10/31/2025)
Main Document: LOCAL
#4
Oct 31, 2025
STANDING ORDER for Electronics. Signed by District Judge Roderick C. Young on 1/15/2025. (ewat, ) (Entered: 10/31/2025)
Main Document: STANDING
#5
Nov 06, 2025
MEMORANDUM ORDER - 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; 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. SEE ORDER FOR DETAILS. It is so ORDERED. Signed by District Judge Roderick C. Young on 11/6/2025. (ewat, ) (Entered: 11/06/2025)
Main Document: MEMORANDUM
#6
Nov 06, 2025
AMENDED Petition against Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon, filed by Javier Ivan Alvarez Munoz.(Shemin, Doran) (Entered: 11/06/2025)
Main Document: AMENDED
#7
Nov 06, 2025
NOTICE of Appearance by Jonathan Holland Hambrick on behalf of Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon (Hambrick, Jonathan) (Entered: 11/06/2025)
Main Document: NOTICE
#8
Nov 14, 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). 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). SEE ORDER FOR DETAILS. It is so ORDERED. Signed by District Judge Roderick C. Young on 11/14/2025.(ewat, ) (Entered: 11/14/2025)
Main Document: MEMORANDUM
#9
Dec 02, 2025
Second AMENDED Petition against Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon, filed by Javier Ivan Alvarez Munoz.(Shemin, Doran) Modified on 12/3/2025 (ewat, ). (Entered: 12/02/2025)
Main Document: Second
#10
Dec 03, 2025
NOTICE by Javier Ivan Alvarez Munoz re 2 Notice of Appearance Updated Contact Information for Counsel (Shemin, Doran) (Entered: 12/03/2025)
Main Document: NOTICE
#11
Dec 03, 2025
MOTION for Order to Show Cause by Javier Ivan Alvarez Munoz. (Shemin, Doran). (Entered: 12/03/2025)
Main Document: MOTION
#12
Dec 08, 2025
MEMORANDUM ORDER (Serving 28 U.S.C. § 2241 Petition & Denying Show Cause) - With respect to the Second Amended Petition (hereinafter simply, "Petition"), Petitioner has paid the full filing fee. Accordingly, it is ORDERED that the Petition shall be FILED. Service shall be made upon Respondent by electronically transmitting a copy of this Memorandum Order and the Petition to the United States Attorney for this District. Exercising its discretionary authority to set deadlines under Rule 4 of the Rules Governing § 2254 Cases, which are applicable to petitions filed under § 2241, the Court DENIES the Show Cause Motion (ECF No. 11 ) and instead ORDERS Respondents to file a responsive pleading within sixty (60) days of the receipt of this Memorandum Order. Courts in other jurisdictions have deemed such a 60-day timeframe for filing responsive pleadings to be warranted, commonplace, and reasonable under Rule 4, and the Court does not find present reason to depart from this timeline. It is so ORDERED. SEE ORDER FOR DETAILS. Signed by District Judge Roderick C. Young on 12/8/2025. (ewat, ) (Entered: 12/08/2025)
Main Document: MEMORANDUM
#13
Dec 15, 2025
Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Javier Ivan Alvarez Munoz. (Attachments: # 1 Proposed Order)(Shemin, Doran) (Entered: 12/15/2025)
Main Document: Emergency MOTION
#14
Dec 15, 2025
Memorandum in Support re 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Javier Ivan Alvarez Munoz. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Shemin, Doran) (Entered: 12/15/2025)
Main Document: Memorandum
#15
Dec 16, 2025
ORDER - This matter is before the Court on Petitioner's Motion for Temporary Restraining Order (TRO Motion, ECF No. 11 ). The Court hereby ORDERS Respondents to file a response no later than 5:00 PM on December 17, 2025. If Petitioner wishes to file a reply, such reply must be filed no later than 5:00 PM on December 18, 2025. The Court further ORDERS counsel to appear for an in-person hearing on the TRO Motion at 10:30 AM on December 22, 2025. It is so ORDERED. Signed by District Judge Roderick C. Young on 12/16/2025. (ewat, ) (Entered: 12/16/2025)
Main Document: ORDER
#16
Dec 17, 2025
Opposition to 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit 1)(Hambrick, Jonathan) (Entered: 12/17/2025)
Main Document: Opposition
Dec 17, 2025
Set/Reset Hearings as to 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 12/22/2025 at 10:30 AM in Richmond Courtroom 6100 before District Judge Roderick C. Young. (juljon)
#17
Dec 18, 2025
REPLY to Response to Motion re 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, 11 MOTION for Order to Show Cause filed by Javier Ivan Alvarez Munoz. (Attachments: # 1 Exhibit)(Shemin, Doran) (Entered: 12/18/2025)
Main Document: REPLY
Dec 18, 2025
Set/Reset Hearings as to 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing RESET for 12/22/2025 at 10:15 AM in Richmond Courtroom 6100 before District Judge Roderick C. Young. (juljon)
#18
Dec 22, 2025
Minute Entry for proceedings held before District Judge Roderick C. Young: Motion Hearing held on 12/22/2025 re 13 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Javier Ivan Alvarez Munoz. Doran Shemin appeared on behalf of petitioner. Jonathan Hambrick appeared on behalf of respondents. Argument by counsel. Comments and questions of Court. The Court made findings as stated on the record and GRANTED IN PART and DEFERRED IN PART petitioner's 13 Emergency Motion for Temporary Restraining Order. Respondents were ordered to hold an individualized bond hearing for Mr. Alvarez at the Immigration Court before close of business on 12/23/25. The Court directed the parties to file a status report today prior to close of business detailing date and time of petitioner's bond hearing. The Court also directed respondents to file joint status report regarding whether bond was granted or denied by 6 p.m. on Tuesday, 12/23/2025. The Court is to issue an Order. (Court Reporter Tracy Stroh, OCR.) (juljon) (Entered: 12/22/2025)
Main Document: Minute
#19
Dec 22, 2025
ORDER - For the reasons stated from the bench, the Court GRANTS IN PART & DEFERS IN PART as to Petitioner's Motion (ECF No. 13 ). Specifically - The Motion is GRANTED with respect to the request that the Court order the Immigration Court to conduct a bond hearing. Respondents are ORDERED to hold an individualized bond hearing for Mr. Alvarez at the Immigration Court pursuant to 8 U.S.C. § 1226(a) before close of business on December 23, 2025, and before any hearing on the merits of his removal. The Parties SHALL jointly file a status report by close of business today detailing the date and time scheduled for Mr. Alvarez's bond hearing before an Immigration Judge; The Court DEFERS ruling on Mr. Alvarez's Motion with respect to his request for immediate release. Mr. Alvarez SHALL remain in the custody of the Department of Homeland Security and/or the United States Marshals until his individualized bond hearing occurs; Respondents are ORDERED to JOINTLY file a status report with this Court no later than 6:00 P.M. on Tuesday, December 23, 2025, stating whether Mr. Alvarez was granted bond at his individualized bond hearing, and, if his request for bond was denied, the reason for that denial. The United States Marshals Service SHALL facilitate Mr. Alvarez's appearancewhether remote or in-person-at his bond hearing. It is so ORDERED. SEE ORDER FOR FURTHER DETAILS. Signed by District Judge Roderick C. Young on 12/22/2025. (Copy to USMS.) (ewat, ) (Entered: 12/22/2025)
Main Document: ORDER
#20
Dec 22, 2025
STATUS REPORT (Joint) by Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon. (Hambrick, Jonathan) (Entered: 12/22/2025)
Main Document: STATUS
#21
Dec 23, 2025
STATUS REPORT (Second) by Pamela Bondi, Russell Hott, Kristi Noem, Joseph Simon. (Hambrick, Jonathan) (Entered: 12/23/2025)
Main Document: STATUS
#22
Jan 06, 2026
ORDER - Because the Court interprets the Second Status Report to mean that Petitioner was made eligible for immediate release, conditioned on payment of a $5,000 bond, the Court hereby DENIES AS MOOT Petitioner's Emergency Motion (ECF No. 13 ) with respect to his request for immediate release. For the same reason, the Court DENIES AS MOOT Petitioner's Writ of Habeas Corpus (ECF No. 1 ). Respondents remain ENJOINED from denying bond to Mr. Alvarez on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2); and FURTHER ENJOINED from rearresting Mr. Alvarez, unless he commits a new violation of federal, state, or local law; or has failed to attend any properly noticed immigration or court hearing; or is subject to detention pursuant to a final order of removal. See Order, ECF No. 19 . Finding no additional issues outstanding in this matter, the Court hereby DIRECTS the Clerk to CLOSE this case and send a copy of this Order to all counsel of record. It is so ORDERED. SEE ORDER FOR DETAILS. Signed by District Judge Roderick C. Young on 1/6/2026. (ewat, ) (Entered: 01/06/2026)
Main Document: ORDER