District of New Jersey • 2:25-cv-19118

#1

Dec 31, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16954908.), filed by Rudy Alexander JACINTO MAURICIO. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 12/31/2025)

#2

Dec 31, 2025

MOTION for Temporary Restraining Order by Rudy Alexander JACINTO MAURICIO. (KAPITONOV, PETER) (Entered: 12/31/2025)

#3

Jan 01, 2026

TEXT ORDER: This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet.")) and his motion for a temporary restraining order (D.E. No. 2 ("Motion" or Mot.")). The Motion is DENIED as moot. Petitioner claims that he is confined as an immigration detainee at Delaney Hall Detention Facility in Newark, New Jersey. (Pet. Para. 51). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to the recent decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Para. 62). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, Petitioner alleges that he has resided continuously in the United States since he entered the country in April 2021 and that he was subsequently detained while driving to work in Brewster, New York on December 29, 2025. (Pet. Paras. 47-54). Based on these alleged facts, Diaz Rudecindo controls this present matter. Rudecindo Diaz, 2025 WL 3470299, at *4. 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. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Diaz Rudicendo does not control, 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. So Ordered by Judge Esther Salas on 1/01/2026. (tjd) (Entered: 01/01/2026)

Jan 01, 2026

Case Assigned to Judge Esther Salas. (mfr)

Jan 01, 2026

Order

Jan 01, 2026

Case Assigned/Reassigned

#4

Jan 02, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney BROOKS E. DOYNE for PAM BONDI,BROOKS E. DOYNE for TODD LYONS,BROOKS E. DOYNE for DAREN MAGOLIN,BROOKS E. DOYNE for LUIS SOTO,BROOKS E. DOYNE for JOHN TSOUKARIS added.. (DOYNE, BROOKS) (Entered: 01/02/2026)

#5

Jan 05, 2026

Letter from Respondents re: One-Week Extension Request on Consent. (DOYNE, BROOKS) (Entered: 01/05/2026)

#6

Jan 06, 2026

LETTER ORDER Granting request for an one week extension of time to file an expedited response until 1/13/2026. Signed by Judge Esther Salas on 1/6/2026. (kes, ) (Entered: 01/06/2026)

#7

Jan 06, 2026

Substitution of Attorney - Attorney BROOKS E. DOYNE terminated. Attorney DAVID INKELES for PAM BONDI,DAVID INKELES for TODD LYONS,DAVID INKELES for DAREN MAGOLIN,DAVID INKELES for KRISTI NOEM,DAVID INKELES for LUIS SOTO,DAVID INKELES for JOHN TSOUKARIS added.. (INKELES, DAVID) (Entered: 01/06/2026)