Eastern District of Virginia • 1:26-cv-01142

Rojas Toj v. Mullin

Completed

Case Information

Filed: April 28, 2026
Assigned to: Michael S. Nachmanoff
Referred to: William B. Porter
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: May 21, 2026
Last Activity: May 21, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
PETITION for Writ of Habeas Corpus (Filing Fee $5 receipt number AVAEDC-10955299), filed by Marvin Danilo Rojas Toj. (Attachments: # 1 Exhibit 1. Immigration Judge Order, # 2 Exhibit 2. Order of Supervision, # 3 Exhibit 3. ICE Check In Notice, # 4 Exhibit 4. EAD approval notice, # 5 Exhibit 5. Order from Southern District of Texas, # 6 Civil Cover Sheet)(Sandoval-Moshenberg, Simon) (Entered: 04/28/2026)
Main Document: PETITION
#2
Apr 29, 2026
ORDERED that Petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission during the pendency of this habeas action; and it is further ORDERED that on or before 5:00 PM on Monday, May 4, 2026, the Federal Respondents file any Opposition to Petition; and it is further ORDERED that if the Federal 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 Thursday, May 7, 2026. Signed by District Judge Michael S. Nachmanoff on 04/29/2026. See Order for further details. (triv) (Entered: 04/29/2026)
Main Document: ORDERED
Apr 29, 2026
Initial Case Assignment to District Judge Michael S. Nachmanoff and U.S. Magistrate Judge William B. Porter. (triv)
#3
May 04, 2026
NOTICE of Appearance by Robert Jacob Schmidt on behalf of Todd Blanche, Robert Guadian, Todd Lyons, Markwayne Mullin (Schmidt, Robert) (Entered: 05/04/2026)
Main Document: NOTICE
#4
May 04, 2026
Consent MOTION for Extension of Time to File Response to PETITION in re 2 ORDER by Todd Blanche, Robert Guadian, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Proposed Order)(Schmidt, Robert) Modified text on 5/4/2026 (triv). (Entered: 05/04/2026)
Main Document: Consent
#5
May 04, 2026
ORDER: Upon consideration of Respondents' Motion for an Extension of Time to File Response, and for good cause shown, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that Respondents shall file their Response to Petitioner's Petition for Writ of Habeas Corpus on or before May 11, 2026; it is further ORDERED that Petitioner shall file any Reply on or before May 18, 2026. Signed by District Judge Michael S Nachmanoff on 05/04/26. (yguy) (Entered: 05/05/2026)
Main Document: ORDER:
#6
May 11, 2026
Opposition to 1 PETITION for Writ of Habeas Corpus by Todd Blanche, Robert Guadian, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit 1 - Guidance Regarding Third Country Removals, # 2 Exhibit 2 - Declaration of Charles M. Byrne, # 3 Exhibit 3 - OSUP Revocation, # 4 Exhibit 4 - Third Country Screening Notice)(Schmidt, Robert) Modified text on 5/11/2026 (triv). (Entered: 05/11/2026)
Main Document: Opposition
#7
May 17, 2026
Reply Memorandum in Support of Petition for Writ of Habeas Corpus in re 6 Opposition, filed by Marvin Danilo Rojas Toj. (Attachments: # 1 Exhibit A)(Sandoval-Moshenberg, Simon) Modified text on 5/19/2026 (triv). (Entered: 05/17/2026)
Main Document: Reply
#8
May 21, 2026
ORDERED that the Petition is GRANTED. ORDERED that Federal Respondents immediately release Petitioner with all his personal property. ORDERED that Petitioner's order of supervision is RESTORED immediately and may not be revoked unless done so in compliance with the requirements of 8 C.F.R. § 241.4 or 8 C.F.R. § 241.13. ORDERED Federal Respondents and any of Federal Respondents' officers, agents, servants, employees, and attorneys, as well as other person acting in concert, are ENJOINED from re-detaining Petitioner except upon a showing of sufficient changed circumstances with respect to the prospects for removal to a qualifying consenting country. Signed by District Judge Michael S Nachmanoff on 5/21/2026. (kgall) (Entered: 05/22/2026)
Main Document: ORDERED
#9
May 21, 2026
CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of petitioner Marvin Danilo Rojas Toj and against the respondents Markwayne Mullin, Todd Lyons, Robert Guadian, and Jeffrey Crawford. Entered by Clerk on 5/21/2026. (kgall) (Entered: 05/22/2026)
Main Document: CLERK'S