Eastern District of Virginia • 3:26-cv-00902
Montoya Zelaya v. Crawford
Active
Case Information
Filed: September 07, 2026
Assigned to:
Roderick C. Young
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
September 25, 2026
Parties:
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Docket Entries
#1
Sep 07, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-11313690.), filed by Henry Alexander Montoya Zelaya.(Smith, Chester) (Entered: 09/07/2026)
Main Document:
PETITION
#2
Sep 07, 2026
Emergency MOTION for Temporary Restraining Order by Henry Alexander Montoya Zelaya. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Emergency MOTION
#3
Sep 07, 2026
Memorandum in Support re 2 Emergency MOTION for Temporary Restraining Order filed by Henry Alexander Montoya Zelaya. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Memorandum
#4
Sep 07, 2026
Declaration re 2 Emergency MOTION for Temporary Restraining Order by Henry Alexander Montoya Zelaya. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Declaration
#5
Sep 07, 2026
Declaration re 2 Emergency MOTION for Temporary Restraining Order by Henry Alexander Montoya Zelaya. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Declaration
#6
Sep 07, 2026
Proposed Summons by JEFFREY CRAWFORD, in his official capacity as Director of the ICA-Farmville Detention Center. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Proposed
#7
Sep 07, 2026
Proposed Summons by ROBERT GUADIAN, in his official capacity as Field Office Director of the Immigration and Customs Enforcement, Enforcement and Removal Operations Washington Field Office. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Proposed
#8
Sep 07, 2026
Proposed Summons by David J. Venturella. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Proposed
#9
Sep 07, 2026
Proposed Summons by MARKWAYNE MULLIN, in his official capacity as Secretary of Homeland Security. (Smith, Chester) (Entered: 09/07/2026)
Main Document:
Proposed
#10
Sep 07, 2026
TEMPORARY RESTRAINING ORDER. THIS MATTER is before the Court on a VERIFIED PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241 (ECF No. 1 ), an EMERGENCY MOTION FOR TEMPORARY STATUS-QUO RELIEF AND EXPEDITED CONSIDERATION (ECF No. 2 ), and the supporting documents (ECF Nos. 3, 4, 5 ). It is ORDERED that the Respondents Jeffrey Crawford, Robert Guadian, David Venturella, and Markwayne Mullin, and all persons acting in concert with them are hereby ENJOINED from removing or transferring Petitioner from this district or division for any reason without further ORDER of this Court. This Order does not prevent lawful removal proceedings and does not adjudicate the ultimate statutory detention issue. It is further ORDERED that counsel shall convene by telephone conference at 2:00 PM on September 8, 2026, to set further expedited proceedings herein. Signed by Nikki Brown with the permission of Senior District Judge Robert E. Payne on 9/7/2026. (nbrow) (Entered: 09/07/2026)
Main Document:
TEMPORARY RESTRAINING
#11
Sep 08, 2026
NOTICE of Appearance by Jonathan Holland Hambrick on behalf of Jeffrey Crawford, Robert Guadian, Markwayne Mullin, David J. Venturella (Hambrick, Jonathan) (Entered: 09/08/2026)
Main Document:
NOTICE
#12
Sep 08, 2026
MEMORANDUM ORDER (Directing Response to 28 U.S.C. § 2241 Petition) - The Court therefore ORDERS that the Petition is duly FILED. Respondents SHALL file, on or before September 14, 2026, 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 Ortega Miranda v. Bondi, et al., Civil Case No. 3:25cv769 (E.D. Va. Feb. 3, 2026), ECF No. 19, or an Opposition or other responsive pleading explaining why material factual or legal differences between Ortega Miranda and this Petition exist, as well as any other arguments for why the Court should not grant the requested relief. It is FURTHER ORDERED that the Temporary Restraining Order previously imposed, ECF No. 10, is hereby EXTENDED, such that Petitioner IS NOT to be removed or transferred from this district for any reason without this Courts Permission while the Petition is pending adjudication. If Petitioner has already been removed or transferred from this district, it is ORDERED that Petitioner IS NOT to be removed or transferred again without this Court's permission. It is so ORDERED. SEE ORDER FOR DETAILS. Signed by District Judge Roderick C. Young on 9/8/2026.(ewat, ). (Entered: 09/08/2026)
#13
Sep 10, 2026
NOTICE by Jeffrey Crawford, Robert Guadian, Markwayne Mullin, David J. Venturella re 10 Order,,, (Hambrick, Jonathan) (Entered: 09/10/2026)
Main Document:
NOTICE
#14
Sep 14, 2026
NOTICE by Jeffrey Crawford, Robert Guadian, Markwayne Mullin, David J. Venturella re 12 Order of Prisoner Service (2241),,,,, (Hambrick, Jonathan) (Entered: 09/14/2026)
Main Document:
NOTICE
#15
Sep 16, 2026
MEMORANDUM OPINION. SEE ORDER FOR DETAILS. Signed by District Judge Roderick C. Young on 9/16/2026. (jenjones, ) (Entered: 09/16/2026)
#16
Sep 16, 2026
ORDER (Granting 28 U.S.C. § 2241 Petition) - In accordance with the accompanying Memorandum Opinion, the Court GRANTS the § 2241 Petition and ORDERS that: Respondents SHALL provide Petitioner with a bond hearing in front of an Immigration Judge pursuant to 8 U.S.C. § 1226(a). The Immigration Court shall provide Petitioner with the opportunity for a bond hearing before any hearing on the merits of his removal, and no later than seven (7) days from the date of entry of this Order. Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report with this Court within three (3) days of Petitioner's bond hearing and before any hearing on the merits, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reason for that denial. In the event that Petitioner is released on bond, Respondents 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 subject to detention pursuant to a final order of removal. Should Petitioner be released on bond, Respondents are FURTHER ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). It is so ORDERED.. Signed by District Judge Roderick C. Young on 9/16/2026. (jenjones, ) (Entered: 09/16/2026)
Main Document:
ORDER
#17
Sep 25, 2026
NOTICE by Jeffrey Crawford, Robert Guadian, Markwayne Mullin, David J. Venturella re 16 Order,,,,, (Attachments: # 1 Exhibit FREX 1)(Fenner, Darica) (Entered: 09/25/2026)
Main Document:
NOTICE
Parties
CRAWFORD, in his official capacity as Director of the ICA-Farmville Detention Center
Party
Montoya Zelaya
Party