District of New Jersey • 2:26-cv-00976

#1

Jan 31, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17049756.), filed by EUSTAQUIO DASILVA PENA JUNIOR. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(MINOGUE, ALEXANDRA) Modified on 2/2/2026 (sks). (Entered: 01/31/2026)

#2

Jan 31, 2026

MOTION for Temporary Restraining Order by EUSTAQUIO DASILVA PENA JUNIOR. (MINOGUE, ALEXANDRA) (Entered: 01/31/2026)

#3

Feb 01, 2026

TEXT ORDER: This matter comes before the Court on a habeas petition and motion for a temporary restraining order ("TRO"). The motion for a TRO is GRANTED in part. It is hereby ORDERED that Respondents are TEMPORARILY ENJOINED from transferring Petitioner Eustaquio DaSilva Pena Junior from this District or removing him from the United States pending further Order of the Court. The Court will issue an expedited briefing schedule or other relief by separate order. Signed by Judge Katharine S. Hayden on 2/1/26. (tjg) (Entered: 02/01/2026)

Feb 01, 2026

Case Assigned/Reassigned

Feb 01, 2026

Order on Motion for TRO

Feb 01, 2026

Case assigned to Judge Katharine S. Hayden. (tjg, )

#4

Feb 02, 2026

AMENDED DOCUMENT by EUSTAQUIO DASILVA PENA JUNIOR. Amendment to 1 Petition for Writ of Habeas Corpus . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(MINOGUE, ALEXANDRA) (Entered: 02/02/2026)

#5

Feb 06, 2026

TEXT ORDER:Petitioner EUSTAQUIO DASILVA PENA JUNIOR, a citizen of Brazil who has resided in the United States since 2009 (ECF No. 4, Am. Petition at 1-2), contends 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 Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who entered the United States without inspection and is later arrested within the interior of the United States. Petitioner's circumstances do not appear meaningfully distinguishable from those of the petitioner in Rivera Zumba. It is, therefore, ORDERED that within seven (7) days, in accordance with 8 U.S.C. § 1226(a), 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, 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, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District or removing him from the United States while this habeas proceeding is pending REMAINS IN EFFECT. So Ordered by Judge Katharine S. Hayden on 2/6/26. (cm, ) (Entered: 02/06/2026)

Feb 06, 2026

Order

#6

Feb 11, 2026

Substitution of Attorney

#7

Feb 11, 2026

Letter

#8

Feb 20, 2026

Brief

#9

Mar 06, 2026

Letter

#10

Mar 06, 2026

Exhibit (to Document)

Mar 10, 2026

QC - Lack of Corporate Disclosure Statement

Mar 10, 2026

QC - Generic Message