District of New Jersey • 2:26-cv-00024

#1

Jan 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16956554.), filed by FRANKLIN VICENTE GUAMUG PACHECO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit I-360 Petition Approval)(KAPITONOV, PETER) (Entered: 01/03/2026)

#2

Jan 03, 2026

MOTION for Temporary Restraining Order by FRANKLIN VICENTE GUAMUG PACHECO. (KAPITONOV, PETER) (Entered: 01/03/2026)

#3

Jan 05, 2026

TEXT ORDER: The Respondents shall file a brief letter on or before January 5 at 5:00pm indicating whether the petitioner is being held under 8 U.S.C. § 1225, 8 U.S.C. § 1226, or some other provision. If the Respondents represent that the Petitioner is being held under 8 U.S.C. § 1226, he shall promptly be afforded a bond hearing; if the bond hearing is not conducted before January 6 at noon, the Respondents shall file a letter by that time explaining why. If the Respondents represent that the Petitioner is being held under 8 U.S.C. § 1225, the January 5 letter shall indicate why this case is factually distinguishable from the Court's decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); and Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882). If the Respondents do not offer a distinction, or if the Court views any proffered distinction as not a meaningful one, the Court will order a prompt bond hearing, and will order that it take place on or before January 6 at noon. So Ordered by Judge Michael E. Farbiarz on 1/5/26. (ro, ) (Entered: 01/05/2026)

#4

Jan 05, 2026

TEXT ORDER: The Court set a 5:00pm deadline for the Respondents to file a brief letter. ECF 3 . They shall file the letter immediately. So Ordered by Judge Michael E. Farbiarz on 1/5/2026. (ro, ) (Entered: 01/05/2026)

#5

Jan 05, 2026

Substitution of Attorney

#6

Jan 05, 2026

Extension of Time to File Answer

Jan 05, 2026

Order

Jan 05, 2026

Case assigned to Judge Michael E. Farbiarz. (jr)

Jan 05, 2026

Case Assigned/Reassigned

#7

Jan 06, 2026

TEXT ORDER: The extension requested at ECF 6 is granted. The Court will conduct a video conference today at 1:00pm, principally to understand more fully why its orders at ECF 3 and ECF 4 were not timely complied with and the steps that will be taken to avoid a repeat. The Chief of the Civil Division shall appear; other attorneys for the Respondents may appear should they wish to, and counsel for the Petitioner may appear should he wish to. So Ordered by Judge Michael E. Farbiarz on 1/6/2026. (ro, ) (Entered: 01/06/2026)

#8

Jan 06, 2026

Status Conference

Jan 06, 2026

Set Deadlines as to 6 First MOTION for Extension of Time to File Answer . Motion set for 2/2/2026 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )

Jan 06, 2026

Order

Jan 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#9

Jan 07, 2026

Response to Habeas Petition

#10

Jan 08, 2026

Reply Brief to Opposition to Motion

#11

Jan 20, 2026

TEXT ORDER: Whether, after the Court of Appeals' decision in Khalil v. President, United States of America, 2026 WL 111933 (3d Cir. Jan. 15, 2026), the Court has habeas jurisdiction in a certain class of cases is an issue now being briefed in another case. See Aygun v. Soto, 2026 WL 136151, at *1 (D.N.J. Jan. 16, 2026). The Respondents' papers in that case are due on or before January 23 at noon. On January 23 at 1:00pm, the Respondents shall indicate whether its habeas jurisdiction arguments in Aygun v. Soto are different in any meaningful way from any habeas jurisdiction arguments that might be relevant in this case. The Petitioner shall file a letter brief on or before January 30 at noon indicating whether, after the Court of Appeals' Khalil decision, the Court has habeas jurisdiction in this case. So Ordered by Judge Michael E. Farbiarz on 1/20/2026. (ro, ) (Entered: 01/20/2026)

Jan 20, 2026

Order

#12

Jan 22, 2026

TEXT ORDER: The Respondents' brief alluded to in ECF 11 is now due on January 26 at 11:59pm. See Aygun v. Soto, 2:25-cv-18540-MEF at ECF 16.So Ordered by Judge Michael E. Farbiarz on 1/22/2026. (ro, ) (Entered: 01/22/2026)

Jan 22, 2026

Text Order

#13

Jan 26, 2026

Letter

#14

Jan 29, 2026

TEXT ORDER: The Respondents shall file a letter brief on or before February 2 at 10:00am. It shall answer two questions in detail and with full reference to the governing caselaw. First, whether a federal court of appeals considering a petition for review after the Board of Immigration Appeals issues a final order of removal can consider whether the immigration courts should have treated the relevant petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) and therefore as eligible for a bail hearing. Second, and relatedly, whether any decision of the immigration courts to treat a petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) "is a 'matter[ ] on which the validity of the final order [of removal entered by the BIA] is contingent.'" Khalil v. President, United States, 2026 WL 111933, at *10 (3d Cir. Jan 15, 2026) (quoting Massieu v. Reno, 91 F.3d 416, 422 (3d Cir. 1996)). If yes, the Respondents shall explain why this is so. If no, the Respondents shall explain why this is not so --- and also what the implications of that are for whether 8 U.S.C. § 1252(b)(9) strips habeas jurisdiction from district courts asked to consider whether a detained noncitizen purportedly covered by 8 U.S.C. § 1225(b)(2) should be treated as covered by 8 U.S.C. § 1226(a). (The briefing to this point from the Respondents has been glancing, and not commensurate with the "complex[ity]" of this issue, as they have described it. See Agyun v. Soto (2:25-cv-18540-MEF) at ECF 14. It is imperative that the letter brief due to be filed on Monday be a sustained treatment of the relevant legal issues.) The Petitioner is free to weigh in on the issues described here, by means of a letter brief to be filed on or before February 3 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 1/29/2026. (ro, ) (Entered: 01/29/2026)

#15

Jan 29, 2026

Letter

Jan 29, 2026

Order

#16

Jan 30, 2026

Order

#17

Feb 01, 2026

Letter

#18

Feb 03, 2026

Brief