District of New Jersey • 2:26-cv-00027

#1

Jan 03, 2026

Petition for Writ of Habeas Corpus

#2

Jan 03, 2026

MOTION for Temporary Restraining Order by DANIEL HERNANDEZ DE PAZ. (Attachments: # 1 Memorandum)(MARK, ERIC) (Entered: 01/03/2026)

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Jan 03, 2026

AMENDED DOCUMENT by DANIEL HERNANDEZ DE PAZ. Amendment to 1 Petition for Writ of Habeas Corpus, . (MARK, ERIC) (Entered: 01/03/2026)

#4

Jan 05, 2026

TEXT ORDER: Petitioner Daniel Hernandez De Paz contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who entered the United States without inspection and is later arrested within the interior of the United States. Petitioner's circumstances do not appear meaningfully distinguishable from those of the petitioner in Rivera Zumba. It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey or removing him from the United States while this habeas proceeding is pending.. So Ordered by Judge Katharine S. Hayden on 1/5/26. (cm, ) (Entered: 01/05/2026)

Jan 05, 2026

Case assigned to Judge Katharine S. Hayden. (jr)

Jan 05, 2026

Order

Jan 05, 2026

Case Assigned/Reassigned

#5

Jan 08, 2026

Substitution of Attorney

#6

Jan 08, 2026

Status Report

#7

Jan 09, 2026

Status Report