District of New Jersey • 2:26-cv-01240

#1

Feb 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17075190.), filed by WALFRETH EDUARDO ALDANA LOPEZ. (Attachments: # 1 Supplement, # 2 Text of Proposed Order, # 3 Exhibit UAC, # 4 Exhibit NTA, # 5 Civil Cover Sheet)(CARDENAS, VERONICA) (Entered: 02/06/2026)

Feb 07, 2026

Case Assigned to Judge Esther Salas. (mfr)

Feb 07, 2026

Case Assigned/Reassigned

#2

Feb 09, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet")). Petitioner requests an order to show cause ("OTSC") and seeks an order preventing Respondents from removing Petitioner outside of the United States. (Id. at 18). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner's request for an OTSC is DENIED as moot. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security ("DHS") memorandum and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 17, 36). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) on or about June 28, 2022, Petitioner entered the United States at or near Roma, Texas; (ii) because Petitioner was an unaccompanied minor, DHS transferred him to the custody of the Office of Refugee Resettlement in the Department of Health and Human Services, and, on July 14, 2022, Petitioner was released to a vetted sponsor (his mother); (iii) Petitioner has no criminal record, no history of failing to report to immigration authorities, and has never missed a scheduled court appearance; and (iv) in November 2025, apparently in the interior of the United States, Petitioner was detained by U.S. Immigration and Custody Enforcement. (Pet. Paras. 19, 47, 51, 54, 57). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, at *4. In accordance with 8 U.S.C. § 1226(a), within ten (10) 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 Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). 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 Diaz Rudecindo does not control, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of Court shall forward a copy of the Petition (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 through 1 -5), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 2/9/2026. (ek) (Entered: 02/09/2026)

Feb 09, 2026

Text Order

#3

Feb 11, 2026

Dismiss

#4

Feb 13, 2026

Order on Motion to Dismiss

Feb 13, 2026

Set Deadlines as to 3 MOTION to Dismiss . Motion set for 3/16/2026 before Judge Esther Salas. 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. (lag, )

Feb 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings