Eastern District of Virginia • 1:26-cv-02885

#1

Sep 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-11299159.), filed by Enrique Tapia Silvano.(Calderon, Ofelia) (Entered: 09/01/2026)

#2

Sep 01, 2026

Civil Cover Sheet by Enrique Tapia Silvano. (Calderon, Ofelia) (Entered: 09/01/2026)

#3

Sep 01, 2026

NOTICE of Appearance by Darica Fenner on behalf of Robert Guadian, Markwayne Mullins (Fenner, Darica) (Entered: 09/01/2026)

Sep 01, 2026

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge William E. Fitzpatrick. (dvanm)

#4

Sep 02, 2026

ORDERED that respondents be and are ENJOINED from removing or transferring petitioner from this district for any reason without this Court's permission. ORDERED that on or before 5:00 PM on September 8, 2026, respondents file either a Notice indicating that the factual and legal issues presented in this Petition do not differ in any material fashion from those presented in Ceba Cinta v. Noem, et al., 1:25-cv-1818 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Ceba Cinta and this Petition. ORDERED that if respondents file a Notice that there are no material differences between this Petition and Ceba Cinta, 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 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 September 11, 2026. Signed by District Judge Leonie M. Brinkema on 9/2/2026. (kgall) (Entered: 09/02/2026)

Sep 02, 2026

Notice of Correction in re 1 Petition for Writ of Habeas Corpus (2241). The filing user has been notified that the petition is an incorrectly titled document. Future cases should be titled as a Petition for Writ of Habeas Corpus and include the relief sought within the petition itself. (dvanm)

#5

Sep 03, 2026

Motion to appear Pro Hac Vice by Lauren Elizabeth McClure and Certification of Local Counsel Ofelia Lee Calderon Filing fee $ 75, receipt number AVAEDC-11305485. by Enrique Tapia Silvano. (Calderon, Ofelia) (Entered: 09/03/2026)

#6

Sep 03, 2026

ORDER granting 5 Motion for Pro hac vice. Appointed Lauren McClure for Enrique Tapia Silvano. Signed by District Judge Leonie M. Brinkema on 9/3/2026. (kgall) (Entered: 09/03/2026)

#7

Sep 08, 2026

NOTICE of Appearance by Miguel A. Morales Ortiz on behalf of Robert Guadian, Markwayne Mullins (Morales Ortiz, Miguel) (Entered: 09/08/2026)

#8

Sep 08, 2026

NOTICE re 4 ORDER, filed by Robert Guadian, Markwayne Mullins (Attachments: # 1 Exhibit FREX 1)(Morales Ortiz, Miguel) (Entered: 09/08/2026)

#9

Sep 18, 2026

ORDERED that Silvano's Petition, [Dkt. No. 1], is GRANTED, and it is hereby ORDERED that Silvano be promptly released from custody, with all his personal property, in order to appear at a bond hearing before an immigration judge; and it is further ORDERED that Silvano live at a fixed address which he must provide to the federal respondents; and it is further ORDERED that Silvano remain in custody pending a bond hearing before an immigration judge; and it is further ORDERED that respondents provide Silvano with an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. § 1226(a) within 14 days of the date of this Order; and it is further ORDERED that respondents be and are ENJOINED from denying bond to Silvano on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that, if Silvano is granted bond, respondents be and are ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2); and it is further ORDERED that if Silvano is released on bond, the federal 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 Silvano unless he (1) commits a violation of any federal, state, or local law; (2) fails to comply with the conditions of his release (3) fails to attend a properly noticed immigration hearing; or ( 4) is detained pursuant to a valid, final order of removal. See Order for further details. Signed by District Judge Leonie M. Brinkema on 9/18/2026. (Dest) (Entered: 09/18/2026)

#10

Sep 18, 2026

CLERK'S JUDGMENT is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of Petitioner Enrique Tapia Silvano and against Markwayne Mullins, Robert Guadian, and Warden, Farmville Immigration Detention Center. Entered by Clerk on 9/18/2026. (Dest) (Entered: 09/18/2026)

#11

Sep 21, 2026

MOTION to Amend/Correct 9 Order,,,,,, by Robert Guadian, Markwayne Mullins. (Attachments: # 1 Proposed Order)(Morales Ortiz, Miguel) (Entered: 09/21/2026)

#12

Sep 21, 2026

Waiver of re 11 MOTION to Amend/Correct 9 Order,,,,,, by Robert Guadian, Markwayne Mullins (Morales Ortiz, Miguel) (Entered: 09/21/2026)

#13

Sep 21, 2026

ORDER granting 11 Motion for Clarification of Court's Order. ORDERED that the portion of the Court's Order, [Dkt. No. 9], that required petitioner remain detained pending a bond hearing before an immigration judge be and is VACATED. Signed by District Judge Leonie M. Brinkema on 9/21/2026. (kgall) (Entered: 09/21/2026)