District of New Jersey • 2:26-cv-00741

#1

Jan 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17024703.), filed by FACUNDO FRASCOLLA ALVAREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ice locator, # 3 Exhibit DACA, # 4 Exhibit DACA, # 5 Exhibit DACA, # 6 Exhibit DACA, # 7 Exhibit Birth Cert for Child, # 8 Memorandum, # 9 Text of Proposed Order)(CARDENAS, VERONICA) (Entered: 01/23/2026)

Jan 23, 2026

Case assigned to Judge Claire C. Cecchi. (tjg, )

Jan 23, 2026

Case Assigned/Reassigned

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Jan 24, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus. ECF No. 1. Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. See generally ECF No. 1. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 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 therefore ORDERED that, 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 immigration judge who shall assess whether he presents a flight risk or a danger to the community in accordance with 8 CFR 236.1(c)(8) and (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. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). So Ordered by Judge Claire C. Cecchi on 1/24/2026. (jl, ) (Entered: 01/24/2026)

Jan 24, 2026

Text Order

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Jan 29, 2026

Substitution of Attorney

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Jan 29, 2026

Response to Habeas Petition

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Jan 30, 2026

Status Report

#6

Mar 26, 2026

Letter

Mar 27, 2026

Text Order

Apr 02, 2026

Terminate Civil Case