District of New Jersey • 2:26-cv-01119

#1

Feb 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17062877.), filed by GERARDO CHAVEZ ZUNIGA. (Attachments: # 1 Civil Cover Sheet JS44)(DECOSMO, DEREK) (Entered: 02/04/2026)

#2

Feb 04, 2026

NOTICE of Appearance by DEREK A DECOSMO on behalf of GERARDO CHAVEZ ZUNIGA (DECOSMO, DEREK) (Entered: 02/04/2026)

#3

Feb 04, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 ("Petition"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in 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), which entitles him to a bond hearing. It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within 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, within 5 days of this Order, an expedited answer. In that Answer, Respondents shall inform the Court whether they stipulate that Petitioner has accurately represented his criminal record. To the extent Respondents disagree with Petitioner's representation of his criminal record, Respondents shall provide the Court with supplemental documentation supporting their position. Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. In addition, the Court DENIES as MOOT Petitioner's request for the Court to enter an Order to Show Cause why his Petition should not be granted. D.E. 1 at 11. So Ordered by Judge Evelyn Padin on 2/4/2026. (bt) (Entered: 02/04/2026)

Feb 04, 2026

Case Assigned/Reassigned

Feb 04, 2026

Case assigned to Judge Evelyn Padin. (tjg, )

Feb 04, 2026

Text Order

#4

Feb 05, 2026

Notice of Appearance

Feb 05, 2026

QC - Updating Account

#5

Feb 11, 2026

Letter

#6

Mar 06, 2026

Notice of Appearance

#7

Mar 13, 2026

Amended Document (NOT Motion/Complaint)

#8

Mar 13, 2026

Letter

#9

Mar 17, 2026

Withdraw as Attorney

#10

Mar 17, 2026

Notice to Withdraw from NEF as to Case

Mar 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#11

Mar 19, 2026

Order on Motion to Withdraw as Attorney

Mar 23, 2026

Text Order

#13

Mar 30, 2026

Letter

#14

Mar 31, 2026

Letter

Apr 01, 2026

Text Order

Apr 02, 2026

Terminate Civil Case