District of New Jersey • 2:26-cv-01168

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17067305.), filed by ELMER GONZALEZ ALTAMIRANO.(RULE, CAROLINE) (Entered: 02/05/2026)

#2

Feb 05, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus by ELMER GONZALEZ ALTAMIRANO. (RULE, CAROLINE) (Entered: 02/05/2026)

#3

Feb 05, 2026

TEXT ORDER -Petitioner ELMER GONZALEZ ALTAMIRANO, a citizen of Mexico, who entered the United States without inspection and has lived here continuously since 2006 (ECF No. 1, Petition at 7, 15, 17), 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. 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 2/5/26. (aa, ) (Entered: 02/05/2026)

#4

Feb 05, 2026

MOTION for Temporary Restraining Order by ELMER GONZALEZ ALTAMIRANO. (RULE, CAROLINE) (Entered: 02/05/2026)

Feb 05, 2026

Case Assigned/Reassigned

Feb 05, 2026

Order

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

Case Assigned to Judge Madeline Cox Arleo. (ps)

Feb 05, 2026

QC - Civil Cover Sheet JS44

#5

Feb 06, 2026

Appear Pro Hac Vice

#6

Feb 06, 2026

Appear Pro Hac Vice

#7

Feb 09, 2026

Letter

Feb 09, 2026

Set Deadlines as to 6 MOTION for Leave to Appear Pro Hac Vice for Ian V. Buksunski, 5 MOTION for Leave to Appear Pro Hac Vice for Christopher M. Ferguson. Motion set for 3/2/2026 before Judge Madeline Cox Arleo. 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. (adc, )

Feb 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Feb 11, 2026

Substitution of Attorney

#9

Feb 13, 2026

Status Report

#10

Feb 17, 2026

Letter

#11

Mar 04, 2026

TEXT ORDER - The Court is in receipt of Petitioner's letter-motion from counsel alleging that he did not receive due process in his bond hearing. (ECF No. 10). This Court may only review whether the bond hearing was fundamentally unfair, see Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022), and lacks jurisdiction to review discretionary determinations underlying the immigration judge's bond decision. See 8 U.S.C. § 1226(e). Therefore, Petitioner's letter-motion is not a substitute for an appeal of the immigration judge's Order denying bond. Petitioner has already provided a brief addressing how the hearing was unfair. Respondents are ORDERED to file a response to Petitioner's letter-motion by Friday, March 6, 2026. Respondents are ORDERED to also attach a transcript of the bond hearing to their response. Petitioner may file a reply brief by Tuesday, March 10, 2026. So Ordered by Judge Madeline Cox Arleo on 3/4/2026. (jl, ) (Entered: 03/04/2026)

Mar 04, 2026

Text Order

#12

Mar 06, 2026

Extension of Time to File Response/Reply

Mar 06, 2026

Set Deadlines as to 12 First MOTION for Extension of Time to File Response/Reply as to 11 Text Order,,,, 10 Letter regarding petition that the bond hearing was fundamentally unfair. Motion set for 4/6/2026 before Judge Madeline Cox Arleo. 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. (sm)

Mar 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#13

Mar 20, 2026

Notice of Appearance

#14

Mar 20, 2026

Letter

#15

Mar 23, 2026

Letter

#16

Mar 25, 2026

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for TRO

#17

Mar 26, 2026

Status Report

#18

Mar 26, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#19

Mar 26, 2026

Order

#20

Mar 26, 2026

Order

Mar 26, 2026

Terminate Civil Case