District of New Jersey • 3:26-cv-01150

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17064837.), filed by ELEUTERIO GARCIA CRUZ. (Attachments: # 1 Exhibit 1 - ICE LOCATOR, # 2 Exhibit 2 - Notice to Appear 06/11/2013, # 3 Exhibit 3 - Form I-826 - Notice of Rights, # 4 Exhibit 4 - Form I-286 - Notice of Custody Determination dated 06/11/2013, # 5 Exhibit 5 - I-485 Receipt, # 6 Exhibit 6 - EOIR-42B Receipt, # 7 Certificate of Service Certificate of Service)(BERMUDEZ, KELLY) (Entered: 02/05/2026)

#2

Feb 05, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus, Civil Cover Sheet by ELEUTERIO GARCIA CRUZ. (BERMUDEZ, KELLY) (Entered: 02/05/2026)

#3

Feb 05, 2026

BRIEF in Support of Petition for Habeas Corpus (Attachments: # 1 Certificate of Service Certificate of Service)(BERMUDEZ, KELLY) (Entered: 02/05/2026)

#4

Feb 05, 2026

MOTION for Order to Show Cause as to why Petition for Writ of Habeas Corpus Should not be Granted by ELEUTERIO GARCIA CRUZ. (Attachments: # 1 Exhibit 1 - Proposed Order, # 2 Certificate of Service 2 - Certificate of Service)(BERMUDEZ, KELLY) (Entered: 02/05/2026)

Feb 05, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Feb 05, 2026

Judge Robert Kirsch added. (jjc, )

Feb 05, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Feb 05, 2026

QC - Civil Cover Sheet JS44

Feb 05, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Please make sure to add all PARTY TEXT when entering parties on the docket. Example: Attorney General of the United States of America was not added to the docket . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Feb 05, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Feb 05, 2026

QC - Attorney Case Opening

Feb 05, 2026

Add and Terminate Judges

Feb 05, 2026

Notice of Judicial Preferences

#5

Feb 06, 2026

TEXT ORDER: Petitioner ELEUTERIO GARCIA CRUZ has filed a habeas petition alleging 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). Petitioner has also filed a Motion for an Order to Show Cause, seeking expedited briefing and other relief, which the Court GRANTS IN PART as follows. (ECF No. 4 .) Petitioner is a citizen of Mexico who allegedly entered the United States without inspection in 2007; he has been in removal proceedings since 2013 and was previously released on bond by the Department of Homeland Security ("DHS"). (ECF No. 1, Petition at 14-21.) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). 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, 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 thereafter. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District while this habeas proceeding is pending. So Ordered by Judge Robert Kirsch on 02/06/2026. (pdm) (Entered: 02/06/2026)

Feb 06, 2026

Set Deadlines as to 4 MOTION for Order to Show Cause as to why Petition for Writ of Habeas Corpus Should not be Granted. Motion set for 3/2/2026 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr3)

Feb 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 06, 2026

Order on Motion to Show Cause

#6

Feb 11, 2026

Substitution of Attorney

#7

Feb 11, 2026

Letter

#8

Feb 17, 2026

Order of Dismissal