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

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by a nongovernmental corporate party or intervenor. Please refer to the Court's website at www.njd.uscourts.gov for a form and filing instructions. (adc, )

Mar 10, 2026

QC - Lack of Corporate Disclosure Statement

Mar 10, 2026

QC - Generic Message

Mar 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please disregard the previous Clerk's Quality Control message because it was entered in error. (adc, )

#11

Mar 17, 2026

Letter

#12

Mar 18, 2026

TEXT ORDER: This matter comes before the Court on counsel's submissions dated March 6 and March 17, 2026. (ECF Nos. 9-11), the latter of which seeks Petitioner's release based on his deteriorating mental health and may warrant habeas relief. See Hope v. Warden York Cnty. Prison, 972 F.3d 310, 325, 329-331 (3d Cir. 2020). Respondents are hereby ORDERED to file a response to ECF Nos. 9-11 by Friday March 20, 2026, at 12 noon p.m., addressing whether additional habeas relief is warranted. IT IS FURTHER ORDERED that Respondents shall designate the appropriate official at Delaney Hall who shall submit a certification providing a comprehensive status update regarding Petitioner's mental health and safety. The certifying official shall state what mental health treatment, services, and safety measures Petitioner is receiving, if any, what additional mental health treatment, services, and safety measures are available to him at Delaney Hall, and produce copies of his medical and mental health records. Respondent shall not redact the names of the persons who are providing the certification or treating Petitioner and shall instead file the response under seal. Petitioner may submit a reply by Monday, March 23, 2026 at 12 noon p.m. So Ordered by Judge Katharine S. Hayden on 3/18/26. (cm, ) (Entered: 03/18/2026)

Mar 18, 2026

Order

#13

Mar 19, 2026

Substitution of Attorney

#14

Mar 19, 2026

Letter

#15

Mar 19, 2026

TEXT ORDER: Respondents' extension request is GRANTED IN PART and DENIED in part as follows: By the original deadline, Friday, March 20, 2026, at 12 noon p.m., Respondents shall submit a certification from the appropriate official at Delaney Hall who shall provide a comprehensive status update regarding Petitioner's mental health and safety. The certifying official shall state what mental health treatment, services, and safety measures Petitioner is receiving, if any, what additional mental health treatment, services, and safety measures are available to him at Delaney Hall. By Monday, March 23, 2026, Respondents shall file their written response to ECF Nos. 9-11 and produce copies of Petitioner's medical and mental health records. Petitioner may submit a reply by Wednesday, March 25, 2026 at 12 noon p.m. So Ordered by Judge Katharine S. Hayden on 3/19/26. (cm, ) (Entered: 03/19/2026)

Mar 19, 2026

Order

#16

Mar 20, 2026

Letter

#17

Mar 20, 2026

Declaration

#18

Mar 23, 2026

Letter

#19

Mar 24, 2026

Letter

#20

Mar 25, 2026

Letter

#21

Mar 30, 2026

Seal

#22

Mar 31, 2026

Order on Motion to Seal

#23

Mar 31, 2026

Letter

#24

Apr 01, 2026

Letter

#25

Apr 02, 2026

TEXT ORDER: In Lucas v. Hadden, 790 F.2d 365 (3d Cir. 1986), the Third Circuit held that "bail may be granted to a habeas petitioner prior to a ruling on the merits of the petition" where "extraordinary circumstances" are present, id. at 367; courts have applied this reasoning in immigration habeas cases, see Kolawole O.T. v. Ahrendt, 466 F. Supp.3d 457, 466, 470 (D.N.J. 2020) (finding that interim release was warranted based on serious mental illness and petitioner's worsening mental health during the COVID-19 pandemic), and ordered release as a remedy in cases where petitioners or their dependents require medical treatment, see Alfonso v. Soto, No. 25CV17371 (EP), 2025 WL 3187438, at *2 (D.N.J. Nov. 14, 2025) (finding extraordinary circumstances to grant release on bail in habeas proceeding where the petitioner's daughter was gravely ill); M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *2 (D.N.J. Dec. 19, 2025) (ordering release of a long-term resident with serious medical conditions who was improperly detained under 8 U.S.C. § 1225(b)(2)). Petitioner has presented evidence of his urgent need for mental health treatment, medication, and safety measures, and has raised significant discrepancies in Respondents' submissions to the Court regarding their knowledge of his mental health history and current need for mental health care. (See ECF No. 19, 19-1, 20, 24.) Respondents shall either 1) release Petitioner under reasonable conditions by Monday, April 6, at 10 a.m. so he can obtain adequate mental health treatment or 2) file a comprehensive updated response by Monday, April 6, 2026 at 10 a.m. that explains these discrepancies and is accompanied by a sworn declaration from a person with knowledge who can testify at a hearing. Failure to meet this deadline will result in Petitioner's release. If Respondents do not elect to file a comprehensive updated response, they shall file a letter by April 6, 2026 at 3 p.m. confirming the time of Petitioner's release. So Ordered by Judge Katharine S. Hayden on 4/2/26. (cm, ) (Entered: 04/02/2026)

Apr 02, 2026

Order

#26

Apr 06, 2026

Letter

Apr 07, 2026

Order

Apr 07, 2026

Terminate Civil Case