Eastern District of Virginia • 1:26-cv-01361

#1

May 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-11010493.), filed by Nelson Orlando Hernandez Benavides. (Attachments: # 1 Exhibit 1-1 - Online Detainee Locator Nelson, # 2 Exhibit 1-2 - Automated Case Information, # 3 Exhibit 1-3 - Notice to Appear, # 4 Exhibit 1-4 - The New York Times - How Trump Purged Immigration Judges to Speed Up Deportations, # 5 Exhibit 1-5 - Affidavit of Former Immigration Judge Burman, # 6 Exhibit 1-6 - Declaration of Jorge Artieda, # 7 Civil Cover Sheet)(Reyes, James) (Entered: 05/20/2026)

May 20, 2026

Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Lindsey R. Vaala. (Jarb, )

#2

May 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. ORDERED that on or before 5:00 PM on May 27, 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-AJT-WBP, 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. 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. 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 May 29, 2026. Signed by District Judge Anthony J Trenga on 5/21/2026. (kgall) (Entered: 05/21/2026)

#3

May 27, 2026

NOTICE of Appearance by William Chang on behalf of Todd Blanche, Robert Guadian, Markwayne Mullin (Chang, William) (Entered: 05/27/2026)

#4

May 27, 2026

NOTICE by Todd Blanche, Robert Guadian, Markwayne Mullin (Chang, William) (Entered: 05/27/2026)

#5

May 28, 2026

ORDERED that the Petition is GRANTED. ORDERED that Petitioner be immediately released from custody with all his personal property, pending his bond hearing before an immigration judge. ORDERED that Petitioner live at a fixed address and provide that address to the Court within twenty-four (24) hours of the issuance of this Order. ORDERED that should Petitioner be re-detained in the future, Respondents must provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a). ORDERED that Respondents are ENJOINED from denying Petitioner's release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b), or from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). ORDERED that, if Petitioner is released on bond, Respondents-along with their officers, agents, servants, employees, attorneys, successors, and assigns, and all persons acting in concert with them-be and are ENJOINED from rearresting Petitioner unless he has committed a new violation of any federal, state, or local law, or has failed to attend any properly noticed immigration or court hearing, or is detained pursuant to a valid, final order of removal. Signed by District Judge Anthony J Trenga on 5/28/2026. (kgall) (Entered: 05/28/2026)

#6

May 30, 2026

NOTICE by Nelson Orlando Hernandez Benavides re 5 Order,,,,, (Reyes, James) (Entered: 05/30/2026)