Southern District of Georgia • 5:26-cv-00164

#1

Jan 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16996420.), filed by OMAR GABRIEL AGURCIA ESPINOZA. (Attachments: # 1 Text of Proposed Order Order, # 2 Memorandum Memo of Law, # 3 Exhibit Exhibit bond hearing package, # 4 Exhibit Exhibit B order of IJ, # 5 Certificate of Service Certificate of Service all, # 6 Civil Cover Sheet Civ Cover Sheet)(BREAUX, TYLER) (Entered: 01/14/2026)

Jan 14, 2026

Judge Evelyn Padin added. (jjc, )

#2

Jan 15, 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, and 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. So Ordered by Judge Evelyn Padin on 1/15/2026. (bt) (Entered: 01/15/2026)

#3

Jan 20, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney BROOKS E. DOYNE for KRISTI NOEM,BROOKS E. DOYNE for DAVID PAULK added.. (DOYNE, BROOKS) (Entered: 01/20/2026)

#4

Jan 20, 2026

RESPONSE to Petition for Writ of Habeas Corpus Seeking Dismissal or Transfer by KRISTI NOEM, DAVID PAULK.(DOYNE, BROOKS) (Entered: 01/20/2026)

#5

Jan 23, 2026

REPLY to Response re 4 Response to Habeas Petition. (BREAUX, TYLER) (Entered: 01/23/2026)

#6

Feb 05, 2026

Order transferring case to the United States District Court, Southern District of Georgia.. Signed by Judge Evelyn Padin on 2/5/2026. (dnw). (N.M) (Entered: 02/05/2026)

Feb 05, 2026

***Civil Case Terminated. (dnw)

#7

Feb 06, 2026

Case transfer in from District of New Jersey; Case Number 2:26-cv-00436. Case transferred electronically (Entered: 02/06/2026)

#8

Feb 06, 2026

NOTICE of Transfer. (pts) (Entered: 02/06/2026)

#21

Sep 21, 2026

ORDER ADOPTING the 19 REPORT AND RECOMMENDATIONS as the Court's opinion, granting as unopposed Respondent's 15 Motion to Dismiss and dismissing without prejudice Espinoza's 1 Petition for Writ of Habeas Corpus based on his failure to follow this Court's Order, directing the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and denying Espinoza IFP status on appeal. Signed by Judge Lisa G. Wood on 09/21/2026. (jlh)