District of New Jersey • 2:26-cv-00416

#1

Jan 14, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16993300.), filed by MOISES LEYVA PAZ. (Attachments: # 1 Exhibit)(CANDIA, WILLIAM) (Entered: 01/14/2026)

#2

Jan 14, 2026

First MOTION for Temporary Restraining Order by MOISES LEYVA PAZ. (CANDIA, WILLIAM) (Entered: 01/14/2026)

Jan 14, 2026

Case Assigned/Reassigned

Jan 14, 2026

Case assigned to Judge Evelyn Padin. (jr)

#3

Jan 15, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 ("Petition"). Petitioner has also filed a motion for a temporary restraining order. D.E. 2 ("TRO Motion"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to lawful, discretionary detention under § 1226(a), which entitles him to a bond hearing.Accordingly, it is ORDERED that the Petition, D.E. 1, is GRANTED. In accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, provide Petitioner with an individualized bond hearing before an immigration judge 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 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 Petitioner's detention is distinguishable from the cases in this District previously addressing § 1225, they shall file, within 5 days of this Order, an expedited answer, and Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Finally, pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. Petitioner's TRO Motion, D.E. 2, is therefore DISMISSED without prejudice as moot. So Ordered by Judge Evelyn Padin on 1/15/2026. (bt) (Entered: 01/15/2026)

Jan 15, 2026

Text Order

#4

Jan 22, 2026

Substitution of Attorney

#5

Jan 23, 2026

Letter

Mar 10, 2026

Text Order

Mar 11, 2026

Terminate Civil Case