District of New Jersey • 2:26-cv-00361

#1

Jan 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16989785.), filed by Ricardo Garcia-Allende.(STILLMAN, LINA) (Entered: 01/13/2026)

#2

Jan 13, 2026

Request for Summons to be Issued by Ricardo Garcia-Allende as to Pam Bondi. (STILLMAN, LINA) (Entered: 01/13/2026)

#3

Jan 13, 2026

Request for Summons to be Issued by Ricardo Garcia-Allende as to Alexander Cabezas. (STILLMAN, LINA) (Entered: 01/13/2026)

#4

Jan 13, 2026

Request for Summons to be Issued by Ricardo Garcia-Allende as to Kristi L. Noem. (STILLMAN, LINA) (Entered: 01/13/2026)

#5

Jan 13, 2026

Request for Summons to be Issued by Ricardo Garcia-Allende as to Luis Soto. (STILLMAN, LINA) (Entered: 01/13/2026)

#6

Jan 13, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus CIVIL COVER SHEET by Ricardo Garcia-Allende. (STILLMAN, LINA) (Entered: 01/13/2026)

Jan 13, 2026

CLERK'S QUALITY CONTROL MESSAGE - The letters requesting issuance of summonses are not necessary as summonses are not issued in these types of cases. (mfr)

Jan 13, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information, all parties must be entered in capital letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jan 13, 2026

Case Assigned to Judge Esther Salas. (mfr)

Jan 13, 2026

QC - Attorney Case Opening

Jan 13, 2026

QC - Generic Message

Jan 13, 2026

Case Assigned/Reassigned

#7

Jan 20, 2026

Order to Answer

#8

Jan 21, 2026

Substitution of Attorney

#9

Feb 02, 2026

Response to Habeas Petition

#10

Feb 11, 2026

Letter

#11

Feb 17, 2026

Status Report

#12

Mar 10, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). On January 20, 2026, the Court ordered Respondents to file an expedited answer to the Petition (D.E. No. 7 ), a letter response to the Petition was filed by Respondents on February 2, 2026 (D.E. No. 9 ("Letter Response" or "Letter Resp")), and Petitioner submitted a reply letter on February 11, 2026 (D.E. No. 10 ). In their Letter Response, Respondents acknowledge that "Petitioner is in [U.S. Immigration and Customs Enforcement] detention without bond pursuant to the Department of Homeland Security's... interpretation of [8 U.S.C. § 1225(b)(2)] and the [recent decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 215 (BIA 2025)]" and that this interpretation has been rejected by courts in this District. (Letter Resp. at 1-2 & n.1.) Respondents rely on the same rejected interpretation. (Id. at 2). Indicating that Respondents "raised identical statutory-interpretation arguments and the petition raised similar material facts [raised in the recent case law from this District]" Respondents ask the Court to summarily adjudicate the Petition without requiring a formal answer. (Id. at 2 n.2). Given Respondents' admissions, under this Court's 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 pursuant to 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Accordingly, the Court GRANTS the Petition (D.E. No. 1 ) to the extent that Petitioner is entitled to a bond hearing before an immigration judge ("IJ") pursuant to § 1226(a). Id. 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 IJ who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Esther Salas on 3/10/2026. (ek) (Entered: 03/10/2026)

#13

Mar 10, 2026

Letter

Mar 10, 2026

Text Order

#14

Mar 11, 2026

Letter

#15

Mar 15, 2026

Letter