Eastern District of Virginia • 1:26-cv-01076
Benitez Rodriguez v. Mullin
Active
Case Information
Filed: April 20, 2026
Assigned to:
Anthony John Trenga
Referred to:
Ivan D. Davis
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
April 21, 2026
Parties:
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Docket Entries
#1
Apr 20, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10933561.), filed by Gustavo Benitez Rodriguez. (Attachments: # 1 Exhibit 1 ICE Locator, # 2 Exhibit 2 DHS Interim Guidance, # 3 Exhibit 3 Artieda Affidavit, # 4 Exhibit 4 Burman Affidavit, # 5 Exhibit 5 BIA Regulations, # 6 Exhibit 6 Hurtado Guidance to Immigration Judges, # 7 Civil Cover Sheet)(Blessinger, Eileen) (Attachment 7 replaced on 4/20/2026) (Agil, ). (Entered: 04/20/2026)
Main Document:
PETITION
#2
Apr 20, 2026
Notice of Correction: The filing user has been notified that the civil case coversheet is an incorrectly saved PDF fillable form and has been replaced. No further action is required at this time in re 1 Petition for Writ of Habeas Corpus (2241). (Agil, ) (Entered: 04/20/2026)
Main Document:
Notice
Apr 20, 2026
Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Ivan D. Davis. (Agil, )
#3
Apr 21, 2026
ORDERED that the Respondents and any of Respondents officers, agents, servants, employees, and attorneys, as well as other person acting in concert with them be, and the same hereby are, ENJOINED from removing the Petitioner from this judicial district pending further order of the Court; and it is further ORDERED that on or before 5:00 PM on April 24, 2026, the Respondents file either (a) a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Hernandez v. Crawford, No. 1:25-CV-01565-AJTWBP, 2025 WL 2940702 (E.D. Va. Oct. 16, 2025) or the other opinions of this Court cited therein; or (b) an Opposition to the Petition discussing the material differences between Hernandez and this Petition; and it is further ORDERED that if the Respondents file a Notice that there are no material differences between this Petition and Hernandez, each of the substantive filings in that habeas proceeding will be incorporated into this habeas proceeding, and this Court will issue a ruling without further filings from the parties; and it is further ORDERED that if the Respondents file an Opposition to the Petition, Petitioner shall file any Reply in further support of the Petition on or before 5:00 PM on April 29, 2026. Signed by District Judge Anthony J Trenga on 4/21/2026. (swil) (Entered: 04/21/2026)
Main Document:
ORDERED
Parties
Benitez Rodriguez
Party
Mullin
Party