Eastern District of Virginia • 1:26-cv-01841

Tobar Herrera v. Simon

Completed

Case Information

Filed: June 26, 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)
Completed: June 29, 2026
Last Activity: June 29, 2026

Docket Entries

#1
Jun 26, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-11100389.), filed by Arnoldo Tobar Herrera. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Ham Pong, Ashley) (Entered: 06/26/2026)
Main Document: First
#2
Jun 26, 2026
Civil Cover Sheet re 1 Petition for Writ of Habeas Corpus (2241) Amended Civil Cover Sheet by Arnoldo Tobar Herrera. (Ham Pong, Ashley) (Entered: 06/26/2026)
Main Document: Civil
#3
Jun 26, 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 June 30, 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; 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 July 2, 2026. Signed by District Judge Anthony J. Trenga on 6/26/2026. SEE ORDER FOR FURTHER DETAILS. (Jarb, ) (Entered: 06/26/2026)
Main Document: ORDERED
#4
Jun 26, 2026
NOTICE of Appearance by Christian James Cooper on behalf of Todd Blanche, Todd M. Lyons, Markwayne Mullin, Joseph Simon (Cooper, Christian) (Entered: 06/26/2026)
Main Document: NOTICE
#5
Jun 26, 2026
NOTICE by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Joseph Simon re 3 Order of Prisoner Service (2241),,,,, (Cooper, Christian) (Entered: 06/26/2026)
Main Document: NOTICE
Jun 26, 2026
Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Ivan D. Davis. (Jarb, )
#6
Jun 29, 2026
ORDERED that the Petition is GRANTED. ORDERED that Petitioner be immediately returned to the Eastern District of Virginia and thereafter 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 file that address to the Court under seal 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) and notify him of its date, time, and location. 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 6/29/2026. (kgall) (Entered: 06/29/2026)
Main Document: ORDERED