District of New Jersey • 2:26-cv-01256

#1

Feb 08, 2026

First PETITION for Writ of Habeas Corpus for Release of Alien Detainee ( Filing fee $ 5 receipt number ANJDC-17076092.), filed by Alexandro Rivera Magana. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Proof of Detainee Location)(MENA, ALEXANDER) (Entered: 02/08/2026)

#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 barring Respondents from transferring Petitioner outside the District of New Jersey while the Petition is pending. (Id. at 13). 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. 29-31). 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) in or about 2004, Petitioner entered the United States without inspection; (ii) Petitioner has no criminal history apart from minor traffic infractions and is the father of an eighteen-year old U.S. citizen child with severe developmental and cognitive limitations; and (iii) on February 4, 2026, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement ("ICE") officers in front of a school in Greenport, New York. (Pet. Paras. 41, 43-46). 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 & 1 -2), 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

Feb 09, 2026

Case Assigned/Reassigned

Feb 09, 2026

Case assigned to Judge Esther Salas. (tjg, )

#3

Feb 10, 2026

Substitution of Attorney

#4

Feb 19, 2026

Letter

#5

Feb 19, 2026

Letter

#6

Feb 25, 2026

TEXT ORDER : The Court has considered the parties' recent filings. (D.E. Nos. 4 - 5 ). The Court will not close the case at this juncture. Petitioner may file an appropriate motion on or before March 6, 2026. So Ordered by Judge Esther Salas on 2/25/2026. (ek) (Entered: 02/25/2026)

#7

Feb 25, 2026

Appear Pro Hac Vice

Feb 25, 2026

Text Order

#8

Feb 26, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Feb 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 26, 2026

Set Deadlines as to 7 MOTION for Leave to Appear Pro Hac Vice . Motion set for 4/6/2026 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. (ld)

#9

Mar 05, 2026

Enforce Judgment

#10

Mar 05, 2026

Certification

Mar 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Mar 06, 2026

Set Deadlines as to 9 MOTION to Enforce Judgment Granting Writ of Habeas Corpus Dated February 9, 2026. Motion set for 4/6/2026 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. (ld)

#11

Mar 25, 2026

Response in Opposition to Motion

#12

Mar 30, 2026

REPLY to Response to Motion filed by ALEXANDRO RIVERA MAGANA re 9 MOTION to Enforce Judgment Granting Writ of Habeas Corpus Dated February 9, 2026 (MENA, ALEXANDER) (Entered: 03/30/2026)