District of New Jersey • 2:26-cv-00895

#1

Jan 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17040639.), filed by FERNANDO AGUSTIMIANO RIOS. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 01/28/2026)

#2

Jan 28, 2026

MOTION for Temporary Restraining Order by FERNANDO AGUSTIMIANO RIOS. (KAPITONOV, PETER) (Entered: 01/28/2026)

Jan 28, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

Jan 28, 2026

Case Assigned/Reassigned

#3

Jan 29, 2026

TEXT ORDER - Petitioner FERNANDO AGUSTIMIANO RIOS has filed a Habeas Petition asserting that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a). It is 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 she presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that this case is factually or legally distinguishable, 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. The motion for a Temporary Restraining Order seeking to enjoin Petitioner's transfer or removal during these proceedings (ECF No. 2) is GRANTED. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District or removing him from the United States while this habeas proceeding is pending. So Ordered by Judge Madeline Cox Arleo on 1/29/26. (aa, ) (Entered: 01/29/2026)

Jan 29, 2026

Order

#4

Feb 03, 2026

Substitution of Attorney

#5

Feb 07, 2026

Letter