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Case Information
Filed: December 19, 2025
Assigned to:
Mary Hannah Lauck
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity:
March 05, 2026
Parties:
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Docket Entries
Dec 18, 2025
Initial Case Assignment to Chief District Judge M Hannah Lauck. (jenjones, )
#1
Dec 19, 2025
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10658334.), filed by DAVID A LOPEZ-DIAZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Tingen, Jacob) (Entered: 12/19/2025)
Main Document:
First
#2
Dec 20, 2025
NOTICE by David Antonio Lopez-Diaz Supplemental Authority (Tingen, Jacob) (Entered: 12/20/2025)
Main Document:
NOTICE
#3
Dec 21, 2025
NOTICE of Appearance by James Dylan Williams on behalf of David Antonio Lopez-Diaz (Williams, James) (Entered: 12/21/2025)
Main Document:
NOTICE
#4
Dec 23, 2025
ORDER: Petitioner is ORDERED to file,within seven (7) days of the date of entry hereof, a petition that complies with Rule 2. FURTHER ORDERED Respondents SHALL file, within seven (7) days of the filing of a compliant petition, an Opposition. It is FURTHER ORDERED that for any Opposition filed by Respondents, Petitioner SHALL file any reply in further support of the Petition within seven (7) days of the date of entry of any Opposition by Respondents. FINALLY Petitioner is subject to the requirements of Rule 5 of the Federal Rules of Civil Procedure. The Clerk is directed to forward a copy of this Order to counsel of record and the United States Attorney's Office for the Eastern District of Virginia. (clerk emailed a copy of order to AUSA, Jonathan Hambrick) SEE ORDER FOR DETAILS. Signed by Chief District Judge M Hannah Lauck on 12/23/25. (mful, ) (Entered: 12/23/2025)
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ORDER:
#5
Dec 23, 2025
NOTICE of Appearance by Jonathan Holland Hambrick on behalf of Pam Bondi, Jeff Crawford, Russell Hott, Kristi Noem (Hambrick, Jonathan) (Entered: 12/23/2025)
Main Document:
NOTICE
#6
Dec 24, 2025
AMENDED PETITION For a Writ of Habeas Corpus against All Defendants, filed by David Antonio Lopez-Diaz.(Tingen, Jacob). (Main Document 6 replaced per attorney request on 12/29/2025) (jenjones, ). Modified on 12/29/2025. (sbea) (Entered: 12/24/2025)
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AMENDED
#7
Jan 05, 2026
MEMORANDUM ORDER - This matter comes before the Court on Petitioner David Antonio Lopez-Diaz's Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. (ECF No. 6 .) SEE ORDER FOR DETAILS. The Court therefore finds that the Amened Petition, (ECF No. 6 ), still does not comply with habeas Rule 2. The Court ORDERS that Mr. Lopez-Diaz file an Amended Petition, within five (5) days of the date of this Order, that complies with Rule 2 of the habeas rules. It is SO ORDERED. Signed by Chief District Judge M Hannah Lauck on 1/5/2026. (jenjones, ) (Entered: 01/05/2026)
Main Document:
MEMORANDUM
#8
Jan 09, 2026
AMENDED COMPLAINT against All Defendants, filed by David Antonio Lopez-Diaz.(Tingen, Jacob) (Entered: 01/09/2026)
Main Document:
AMENDED
#9
Jan 12, 2026
MEMORANDUM ORDER - This matter comes before the Court on Petitioner David Antonio Lopez-Diaz's Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (the "Amended Petition"), (ECF No. 8 ). The Amended Complaint, (ECF No. 8 ), complies with Rule 2. Respondents are ORDERED to proceed with briefing as described in the Court's December 23, 2025, Order, (ECF No. 4 ). It is further ORDERED that Petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission. 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. Signed by Chief District Judge M Hannah Lauck on 1/12/2026. Memorandum Order was distributed as directed. (sbea) (Entered: 01/12/2026)
Main Document:
MEMORANDUM
#10
Jan 16, 2026
Opposition to 8 Amended Complaint filed by Pam Bondi, Jeff Crawford, Russell Hott, Kristi Noem. (Attachments: # 1 Exhibit 1)(Hambrick, Jonathan) (Entered: 01/16/2026)
Main Document:
Opposition
#11
Jan 23, 2026
Reply to 10 Opposition filed by David Antonio Lopez-Diaz. (Attachments: # 1 Affidavit Declaration of James Williams, # 2 Exhibit ALIA Dec 2025 Practice Advisory, # 3 Exhibit ALIA Practice Alert Jan 2026, # 4 Exhibit Bautista Class Certification, # 5 Exhibit NBC Media Report, # 6 Exhibit ABC Media Report, # 7 Exhibit Media Report on Farmville, # 8 Exhibit Press Release by Rep. Don Beyer on Farmville)(Tingen, Jacob) (Entered: 01/23/2026)
Main Document:
Reply
#12
Jan 23, 2026
ORDER - For the reasons stated in the forthcoming Memorandum Opinion, the Court GRANTS IN PART the Amended Petition. (ECF No. 8 .) Respondents are ORDERED to provide Mr. Lopez- Diaz with a bond hearing in front of an Immigration Judge pursuant to 8 U.S.C. § 1226(a) no later than two (2) business days from the date of this Order, and prior to any hearing on the merits in his case. Respondents are ENJOINED from denying bond to Mr. Lopez-Diaz 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 after Mr. Lopez-Diaz's bond hearing stating whether Mr. Lopez-Diaz has been granted bond, and, if his request for bond was denied, the reason for that denial. In the event Mr. Lopez-Diaz is released on bond, Respondents are ENJOINED from rearresting Mr. Lopez-Diaz, 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 Mr. Lopez-Diaz be released on bond, Respondents are FURTHER ENJOINED from invoking the automatic stay provision at 8 C.F.R. § 1003.19(i)(2). The Court RETAINS JURISDICTION over the Amended Petition to consider the merits of Mr. Lopez-Diaz's claims regarding the legality of his arrest and the conditions of his confinement. Pursuant to this Court's prior Order, (ECF No. 9 ), Respondents are ENJOINED from removing Mr. Lopez-Diaz from this District prior to Mr. Lopez-Diaz's bond hearing, and prior to any ruling from this Court on the merits of all of Mr. Lopez-Diaz's claims, including those with respect to the legality of his arrest and the conditions of his confinement. It is SO ORDERED. Signed by Chief District Judge M. Hannah Lauck on 1/23/2026. (ewat, ) (Entered: 01/23/2026)
Main Document:
ORDER
#13
Jan 30, 2026
NOTICE Regarding Petitioner's Bond Hearing by Pam Bondi, Jeff Crawford, Russell Hott, Kristi Noem (Hambrick, Jonathan). Modified on 2/2/2026. (sbea) (Entered: 01/30/2026)
Main Document:
NOTICE
#14
Jan 30, 2026
NOTICE Bond Hearing Outcome by David Antonio Lopez-Diaz re 12 Order. (Attachments: # 1 Affidavit Declaration of James Williams, # 2 Exhibit Original Bond Evidence, # 3 Exhibit Order Granting Excessive Bond, # 4 Exhibit Declaration of Jorge Artieda, # 5 Exhibit Media Report, # 6 Exhibit CBS Media Report, # 7 Exhibit TRAC Report, # 8 Exhibit Media Report) (Tingen, Jacob). Modified on 2/2/2026. (sbea) (Entered: 01/30/2026)
Main Document:
NOTICE
#15
Feb 13, 2026
ORDER - This matter comes before the Court on Petitioner David Antonio Lopez-Diaz's Notice of Hearing Outcome (the "Notice"), (ECF No. 14 ). To ensure that Mr. Lopez-Diaz received a bond hearing in compliance with this Court's Order, the Court ORDERS the parties to submit cross-briefing on the adequacy of Mr. Lopez-Diaz's bond hearing. Both parties SHALL submit, no later than February 18, 2026, at 5:00 p.m., a brief that: 1) Explains the specific reason(s) for the bond amount assessed in Mr. Lopez-Diaz's case, including any finding(s) by the Immigration Judge with respect to Mr. Lopez-Diaz's risk of flight or risk of danger; and, 2) Sets forth the relevant legal authority on whether and when a district court has jurisdiction to evaluate the constitutionality of a bond proceeding before an immigration Judge, including authority on the appropriate remedy if a court determines that the proceeding violated due process. The parties' briefs SHALL be limited to ten pages, though each party may supplement the brief with evidence, including declarations, transcripts from the bond hearing, and other material pertinent to the Court's assessment of the propriety of the bond hearing. It is SO ORDERED. Signed by Chief District Judge M Hannah Lauck on 2/13/2026. (sbea) (Entered: 02/13/2026)
Main Document:
ORDER
#16
Feb 13, 2026
STATUS REPORT by David Antonio Lopez-Diaz. (Tingen, Jacob) (Entered: 02/13/2026)
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STATUS
#17
Feb 17, 2026
Petitioner's BRIEF by David Antonio Lopez-Diaz. (Attachment: # 1 Affidavit of Judge Burman)(Tingen, Jacob). Modified on 2/18/2026. (sbea) (Entered: 02/17/2026)
Main Document:
Petitioner's
#18
Feb 18, 2026
Response to 15 Order filed by Pam Bondi, Jeff Crawford, Russell Hott, Kristi Noem. (Attachments: # 1 Exhibit)(Hambrick, Jonathan). Modified on 2/19/2026. (sbea) (Entered: 02/18/2026)
Main Document:
Response
#19
Mar 05, 2026
MEMORANDUM OPINION - See Opinion for details. Signed by Chief District Judge M Hannah Lauck on 3/5/2026. (sbea)
#20
Mar 05, 2026
ORDER - For the reasons stated in the accompanying Memorandum Opinion, the Court DENIES in PART as MOOT Petitioner David Antonio Lopez-Diaz's Amended Petition, (ECF No. 8 ), with respect to the claims governing his unlawful arrest and the conditions of his confinement. The Court denies these claims WITHOUT PREJUDICE. As previously Ordered, this Court granted in part the Amended Petition with respect to Mr. Lopez-Diaz's request for a bond hearing, (ECF No. 12 ). It is so ORDERED. Signed by Chief District Judge M Hannah Lauck on 3/5/2026. (sbea) (Entered: 03/05/2026)
Main Document:
ORDER
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