Case: Lopez Garcia v. Perry

1:25-cv-01764 | U.S. District Court for the Eastern District of Virginia

Filed Date: Oct. 14, 2025

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This is one of several lawsuits addressing whether noncitizens present in the interior of the United States, often for many years and with established lives and livelihoods, are subject to the mandatory detention (without bond) provision of 8 U.S.C. § 1225(b)(2)(A), or the discretionary detention scheme of 8 U.S.C. § 1226, which requires a determination that detention pending removal proceedings is appropriate and permits release on bond or conditional parole. On May 5, 2026, the U.S. Court of Appeals for the Fourth Circuit held that the discretionary detention scheme applied in those circumstances and granted habeas relief.


6 1:25-cv-01764	Order Garcia v. Perry	Nov. 14, 2025	Nov. 14, 2025 Order/Opinion 2025 WL 5277315
82 25-07044	Published Garcia v. Guadian U.S. Court of Appeals for the Fourth Circuit	Sept. 10, 2026	Sept. 10, 2026 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	Oct. 14, 2025	First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10521147.), filed by Kristi Noem, Oscar Enrique Lopez Garcia, Joseph Simon, Paul Perry, Pamela Bondi. (Attachments: # 1 Exhibit Exhibit A Notice to Appear, # 2 Joseph Simon Summons, # 3 Kristi Noem Summons, # 4 Pamela Bondi Summons, # 5 Paul Perry Summons, # 6 Civil Cover Sheet Civil Cover Sheet)(Pitney, Sarah) (Entered: 10/14/2025)	RECAP
2	Oct. 14, 2025	ORDERED that Petitioner shall not be removed from this jurisdiction or the United States unless and until the Court issues a contrary order. 28 U.S.C. § 1651; F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966) (The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.); it is further ORDERED that if Petitioner is in the process of being transferred outside of the Court's jurisdiction, he must be returned to this jurisdiction unless and until the Court issues a contrary order; and it is further ORDERED that on or before 5:00 p.m. on Tuesday, October 21, 2025, Respondents SHOW CAUSE as to why the Petition should not be granted. Signed by District Judge Patricia Tolliver Giles on 10/14/2025. (dvanm) (Entered: 10/14/2025)	RECAP
	Oct. 14, 2025	Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick. (dvanm)
3	Oct. 21, 2025	NOTICE of Appearance by Elizabeth Anne Spavins on behalf of Pamela Bondi, Kristi Noem, Joseph Simon (Spavins, Elizabeth) (Entered: 10/21/2025)	RECAP
4	Oct. 21, 2025	Opposition to 1 Petition for Writ of Habeas Corpus (2241), filed by Pamela Bondi, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit 1)(Spavins, Elizabeth) (Entered: 10/21/2025)	RECAP
5	Oct. 22, 2025	Reply Petitioner's Reply to Opposition filed by Oscar Enrique Lopez Garcia. (Pitney, Sarah) (Entered: 10/22/2025)	RECAP
6	Nov. 14, 2025	ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Dkt. 1) is GRANTEDin part. The Court reserves ruling on the Petitioner's request for immediate release from detention; it is further ORDERED that Petitioner's counsel must file with the Court a proposed release plan for the Petitioner, which must include a fixed address at which Petitioner shall reside, within seven (7) days of the date of this Order. Petitioners should redact personal identifiers or file those documents under seal; it is further ORDERED that Respondents must provide Petitioner with a standard bond hearing pursuant to 8 U.S.C. § 1226(a) within fourteen (14) days of the date of this Order; it is further ORDERED that Respondents are ENJOINED from denying Petitioner release on bond on the basis that he is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2); and it is further ORDERED that the parties shall file a status report on the status of Petitioner's bond hearing within three (3) days of the bond hearing. The status report shall detail when the bond hearing occurred, if the bond was granted or denied, and if denied, the reasons for that denial (see Order for further details). Signed by District Judge Patricia Tolliver Giles on 11/14/2025. (swil) (Entered: 11/14/2025)	Clearinghouse
7	Nov. 19, 2025	STATUS REPORT by Pamela Bondi, Kristi Noem, Joseph Simon. (Barghaan, Dennis) (Entered: 11/19/2025)	RECAP
8	Nov. 21, 2025	STATUS REPORT by Oscar Enrique Lopez Garcia. (Pitney, Sarah) (Entered: 11/21/2025)	RECAP
9	Nov. 21, 2025	STATUS REPORT by Oscar Enrique Lopez Garcia. (Pitney, Sarah) (Entered: 11/21/2025)	RECAP
10	Nov. 21, 2025	ORDERED that the Petitioner's request for immediate release from detention in his Petition for Writ of Habeas Corpus (Dkt. 1) is DISMISSED as moot. Signed by District Judge Patricia Tolliver Giles on 11/21/2025. (swil) (Entered: 11/24/2025)	RECAP
11	Nov. 24, 2025	CLERK'S JUDGMENT is hereby entered in accordance with Federal Rules of Civil Procedure 58 in favor of Petitioner Oscar Enrique Lopez Garcia and against the Respondents Paul Perry, Joseph Simon, Kristi Noem, Pamela Bondi. Entered by Clerk on 11/21/2025. (swil) (Entered: 11/24/2025)	RECAP
12	Dec. 15, 2025	NOTICE OF APPEAL as to 10 Order, 11 Clerk's Judgment, by Pamela Bondi, Kristi Noem, Joseph Simon. (Barghaan, Dennis) (Entered: 12/15/2025)	RECAP
13	Dec. 15, 2025	Transmission of Notice of Appeal to US Court of Appeals re 12 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) (Entered: 12/15/2025)	RECAP
14	Dec. 17, 2025	USCA Case Number 25-7044 4CCA, case manager K. Hancock, for 12 Notice of Appeal filed by Kristi Noem, Joseph Simon, Pamela Bondi. (dvanm, ) (Entered: 12/29/2025)	RECAP
15	Jan. 8, 2026	ORDER of USCA as to 12 Notice of Appeal, filed by Kristi Noem, Joseph Simon, Pamela Bondi. Upon consideration of submissions relative to the motion to consolidate, the court grants the motion and consolidates Case No. 25-7050 with Case No. 25-7044. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Dest) (Entered: 01/09/2026)	RECAP

Case: Lopez Garcia v. Perry

1:25-cv-01764 | U.S. District Court for the Eastern District of Virginia

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