District of Vermont • 2:25-cv-00885

#1

Nov 14, 2025

Petition for Writ of Habeas Corpus (2241)

#2

Nov 14, 2025

Notice of Appearance

#3

Nov 14, 2025

NOTICE OF DOCKET ENTRY REMOVAL/CORRECTION re: 1 PETITION for Writ of Habeas Corpus Under 28:2241 filed by Alex Andres Japon Benites. Attachment 3 has been removed and entered separately. See 2 Notice of Appearance. (law) (Entered: 11/14/2025)

#4

Nov 14, 2025

Temporary Restraining Order

#5

Nov 14, 2025

ORDER re: 4 Motion for Temporary Restraining Order: petitioner Alex Andres Japon Benites shall not be removed from the District of Vermont pending further Order of this court. Signed by Chief District Judge Christina Reiss on 11/14/2025. (law) Link added on 11/14/2025 (law).

#6

Nov 14, 2025

Order to Show Cause AND ~Util - Set Motion and R&R Deadlines/Hearings

Nov 14, 2025

Notice of Docket Entry Correction

Nov 14, 2025

Add and Terminate Judges

Nov 14, 2025

This case has been assigned to Chief District Judge Christina Reiss. (al)

#7

Nov 18, 2025

Motion to Amend/Correct

#8

Nov 21, 2025

ORDER GRANTING 7 Motion to Amend 1 PETITION for Writ of Habeas Corpus Under 28:2241. Signed by Chief District Judge Christina Reiss on 11/21/2025. (This is a text-only Order.) (ejh) (Entered: 11/21/2025)

#9

Nov 21, 2025

Petition for Writ of Habeas Corpus (2241)

#10

Nov 21, 2025

Notice of Appearance

#11

Nov 21, 2025

Response in Opposition to Motion

Nov 21, 2025

Order on Motion to Amend/Correct

#12

Nov 24, 2025

Notice of Appearance

#13

Nov 25, 2025

AMENDED ORDER Extending 5 Temporary Restraining Order ("TRO") re: 4 Motion for Temporary Restraining Order . The TRO is extended until 12/2/2025. Signed by Chief District Judge Christina Reiss on 11/25/2025. (law)

#14

Nov 26, 2025

Notice of Hearing

#15

Nov 26, 2025

Reply to Response to Motion

#16

Nov 26, 2025

Notice of Docket Entry Correction (PDF)

#17

Dec 01, 2025

ORDER DENYING AS MOOT 1 Motion for Writ of Habeas Corpus Under 28:2241. Signed by Chief District Judge Christina Reiss on 12/1/2025. (This is a text-only Order.) (ejh) (Entered: 12/01/2025)

Dec 01, 2025

Order on Motion for Writ of Habeas Corpus Under 28:2254

#18

Dec 02, 2025

MINUTE ENTRY for proceedings held before Chief District Judge Christina Reiss: Show Cause Hearing held on 12/2/2025. Atty Kristen Connors for the petitioner, AUSA Kaitlin Hazard for the federal respondent, and Spanish interpreter Maria Jakobeit present in the courtroom, petitioner present by video. Interpreter sworn. Statements by counsel. Court makes findings. ORDERED: 9 AMENDED PETITION for Writ of Habeas Corpus Under 28:2241 is granted; TRO to be extended by 14 days or until ruling is made at a bond hearing before immigration court; bond hearing to be held at scheduled master calendar hearing on 12/4/2025 or within 7 business days of 12/4/2025; parties to notify this court when decision on bond issued. (Court Reporter: Johanna Masse) (lmw) (Entered: 12/02/2025)

#19

Dec 02, 2025

Temporary Restraining Order

Dec 02, 2025

Show Cause Hearing AND ~Util - Ruling on Motions

#20

Dec 04, 2025

Status Report

#21

Dec 04, 2025

Status Report

#22

Dec 10, 2025

ORDER VACATING 19 Amended Temporary Restraining Order. On December 10, 2025, the parties informed the court that Petitioner was released at approximately 2:00 p.m. on December 5, 2025. (This is a text-only Order.) Signed by Chief District Judge Christina Reiss on 12/10/2025. (ejh) (Entered: 12/10/2025)

Dec 10, 2025

Order

#23

Dec 23, 2025

Attorney Fees (EAJA)

#24

Dec 31, 2025

Extension of Time to File Response/Reply

#25

Jan 05, 2026

ORDER GRANTING 24 Motion for Extension of Time to File Response/Reply to 23 Motion for EAJA Fees. Signed by Chief District Judge Christina Reiss on 1/5/2026. (This is a text-only Order.) (ejh) (Entered: 01/05/2026)

Jan 05, 2026

Order on Motion for Extension of Time to File Response/Reply

#26

Jan 20, 2026

Response in Opposition to Motion

#27

Feb 12, 2026

ORDER DENYING AS PREMATURE 23 Motion for EAJA Fees as to Alex Andres Japon Benites. Petitioner has not requested the court to enter final judgment in this matter or dismissed his claim seeking a declaration "that Respondents' actions to arrest and detain Petitioner violate the Due Process Clause of the Fifth Amendment." (Doc. 9 at 8.) As a result, the court has not entered final judgment in this case. On December 23, 2025, Petitioner filed a motion for attorney's fees under the Equal Access to Justice Act ("EAJA"). To be eligible for attorney's fees, the EAJA requires, among other things, "that any fee application be submitted to the court within [thirty] days of final judgment in the action[.]" Comm'r, I.N.S. v. Jean, 496 U.S. 154, 158 (1990); see also 28 U.S.C. § 2412(d)(1)(B) ("A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses[.]"). Because a final judgment has not yet been entered in this case, Petitioner's motion for EAJA fees is DENIED without prejudice as premature. See, e.g., Joell v. Wormuth, 2025 WL 2775915, at *7 (N.D.N.Y. Sept. 30, 2025) ("[S]ince no final judgment has been entered, plaintiff's application for EAJA fees is premature. Accordingly, the [c]ourt denies without prejudice [p]laintiff's request[.]") (internal quotation marks and internal citation omitted). Signed by Chief District Judge Christina Reiss on 2/12/2026. (This is a text-only Order.) (ejh) (Entered: 02/12/2026)

Feb 12, 2026

Order on Motion for EAJA Fees

#28

May 20, 2026

Notice of Hearing

#29

Jun 15, 2026

MINUTE ENTRY for proceedings held before Chief District Judge Christina Reiss: Status Conference held on 6/15/2026. Atty Kristen Connors present for the petitioner, AUSA Matthew Greer present for the federal respondents. Statements by counsel. Petitioner withdraws all pending claims. Court shall enter final judgment for the petitioner. (Court Reporter: Johanna Masse) (lmw) (Entered: 06/15/2026)

Jun 15, 2026

Status Conference

#30

Jun 30, 2026

Judgment

#31

Jul 30, 2026

Attorney Fees (EAJA)

#32

Jul 31, 2026

Notice of Docket Entry Correction (PDF)