District of New Jersey • 2:26-cv-00588

#1

Jan 20, 2026

Second PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17007721.), filed by ELVIR RAMIRO VICENTE CIFUENTES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Index Index of Supporting Exhibits, # 3 Exhibit Ex A - IJ order dated 12.30.25, # 4 Exhibit Ex B - Notice and Order of Expedited Removal, # 5 Exhibit Ex C - Form I-213, # 6 Exhibit Ex D - Negative Credible Fear record, # 7 Exhibit Ex E - Motion to Terminate, # 8 Exhibit Ex F - DHS Opposition, # 9 Exhibit Ex G - IJ order dated 12.23.25, # 10 Exhibit Ex H - notice of 3d Circuit appeal, # 11 Exhibit Ex I - notice of motion to withdraw 3d Circuit appeal, # 12 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 01/20/2026)

Jan 20, 2026

Case Assigned to Judge Jamel K. Semper. (mfr)

Jan 20, 2026

Case Assigned/Reassigned

#2

Jan 28, 2026

TEXT ORDER: Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), 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). It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), no later than 5:00 p.m. on February 4, 2026, 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 Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, they shall file an expedited answer by 12:00 p.m. on February 3, 2026, and Petitioner shall file a reply by 5:00 p.m. on February 3, 2026. Petitioner shall not be removed from the New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 1/28/2026. (sms) (Entered: 01/28/2026)

Jan 28, 2026

Text Order

#3

Jan 29, 2026

Substitution of Attorney

#4

Feb 03, 2026

Response to Habeas Petition

#5

Feb 06, 2026

Reply to Response (NOT Motion)