Completed
Case Information
Filed: January 14, 2026
Assigned to:
Evelyn Padin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: February 05, 2026
Last Activity:
February 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 14, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16996420.), filed by OMAR GABRIEL AGURCIA ESPINOZA. (Attachments: # 1 Text of Proposed Order Order, # 2 Memorandum Memo of Law, # 3 Exhibit Exhibit bond hearing package, # 4 Exhibit Exhibit B order of IJ, # 5 Certificate of Service Certificate of Service all, # 6 Civil Cover Sheet Civ Cover Sheet)(BREAUX, TYLER) (Entered: 01/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
Jan 14, 2026
Judge Evelyn Padin added. (jjc, )
Jan 14, 2026
Add and Terminate Judges
#2
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"). 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 detention under § 1226(a), which entitles him to a bond hearing. It is ORDERED that, 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. 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. So Ordered by Judge Evelyn Padin on 1/15/2026. (bt) (Entered: 01/15/2026)
Jan 15, 2026
Text Order
#3
Jan 20, 2026
Substitution of Attorney
Main Document:
Substitution of Attorney
#4
Jan 20, 2026
Response to Habeas Petition
Main Document:
Response to Habeas Petition
#5
Jan 23, 2026
Reply to Response (NOT Motion)
Main Document:
Reply to Response (NOT Motion)
#6
Feb 05, 2026
Order Transfer Case Out - District Court Transfer
Main Document:
Order Transfer Case Out - District Court Transfer
Feb 05, 2026
***Civil Case Terminated. (dnw)
Feb 05, 2026
Case Transferred Out - District Court Transfer
Feb 05, 2026
Terminate Civil Case
Feb 05, 2026
Case extracted via ECF to Southern District of Georgia. (mmb)
Feb 06, 2026
Case transferred from New Jersey has been opened in Southern District of Georgia as case 5:26-cv-00164, filed 02/06/2026. (dmr3)
Feb 06, 2026
Docket Annotation (public)
Parties
AGURCIA ESPINOZA
Party
PAULK
Party