Fuentes Garcia v. Perry et al
| Kelvin Alexander Fuentes Garcia |
| Daren K. Margolin, Paul Perry, Todd M. Lyons, Kristi Noem and Pamela Bondi |
| 1:2025cv02477 |
| December 26, 2025 |
| U.S. District Court for the Eastern District of Virginia |
| Michael S Nachmanoff |
| Lindsey R Vaala |
| Habeas Corpus - Alien Detainee |
| 8 U.S.C. ยง 1105 (a) Aliens: Habeas Corpus to Release INS Detainee |
| None |
Docket Report
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| Document Text |
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| Filing 6 Clerk's Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of the Petitioner, Kelvin Alexander Fuentes Garcia, and against the Respondents, Paul Perry, Todd M. Lyons, Kristi Noem, Pamela Bondi, and Daren K. Margolin. Entered by Clerk on 01/06/2026. (dvanm) |
Filing 5
ORDER Granting the Petition (ECF 1), and it is hereby ORDERED that to the extent that Petitioner seeks release from detention, Petitioner file a motion requesting a bond hearing or custody redetermination as soon as practicable; and that Federal Respondents provide Petitioner with a standard bond hearing before an IJ pursuant to 8 U.S.C. 1226(a) within 7 days of the date of that motion; and it is further ORDERED that Federal Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. 1225(b)(2). (see order for details) Signed by District Judge Michael S Nachmanoff on 01/06/2026. (dvanm)
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| Filing 4 Response to #2 Order,, filed by Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem. (O'Connor, Kirstin) |
| Filing 3 NOTICE of Appearance by Kirstin O'Connor on behalf of Pamela Bondi, Todd M. Lyons, Daren K. Margolin, Kristi Noem (O'Connor, Kirstin) |
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Filing 2
ORDERED that Petitioner IS NOT to be removed or transferred from this district for any reason without this Court's permission during the pendency of this habeas action; and it is further ORDERED that on or before 5:00 PM on Monday, January 5, 2026, the Federal 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 Servellon Martinez, 1:25-cv-1792 (E.D. Va.), or an Opposition to the Petition discussing the material differences between Servellon Martinez and this Petition (see order for details). Signed by District Judge Michael S. Nachmanoff on 12/30/2025. (jlan)
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| Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge Lindsey R. Vaala. (dvanm, ) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10670899.), filed by Kelvin Alexander Fuentes Garcia. (Attachments: #1 Civil Cover Sheet, #2 Exhibit NTA, #3 Exhibit ICE Detainee Locator, #4 Exhibit Master Calendar Hearing, #5 Exhibit Proof of Residence, #6 Exhibit Marriage Certificate)(Golesorkhi-Zahedi, Parastoo) |
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