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 - Attorney FRANCES C. BAJADA terminated. Attorney BROOKS E. DOYNE for KRISTI NOEM,BROOKS E. DOYNE for DAVID PAULK added.. (DOYNE, BROOKS) (Entered: 01/20/2026)
Main Document:
Substitution of Attorney
#4
Jan 20, 2026
RESPONSE to Petition for Writ of Habeas Corpus Seeking Dismissal or Transfer by KRISTI NOEM, DAVID PAULK.(DOYNE, BROOKS) (Entered: 01/20/2026)
Main Document:
Response to Habeas Petition
#5
Jan 23, 2026
REPLY to Response re 4 Response to Habeas Petition. (BREAUX, TYLER) (Entered: 01/23/2026)
Main Document:
Reply to Response (NOT Motion)
#6
Feb 05, 2026
Order transferring case to the United States District Court, Southern District of Georgia.. Signed by Judge Evelyn Padin on 2/5/2026. (dnw). (N.M) (Entered: 02/05/2026)
Main Document:
Order Transfer Case Out - District Court Transfer
Feb 05, 2026
Case extracted via ECF to Southern District of Georgia. (mmb)
Feb 05, 2026
***Civil Case Terminated. (dnw)
Feb 05, 2026
Case Transferred Out - District Court Transfer
Feb 05, 2026
Terminate Civil Case
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