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

Case assigned to Judge Esther Salas. (tjg, )

Feb 09, 2026

Text Order

Feb 09, 2026

Case Assigned/Reassigned

#3

Feb 10, 2026

Substitution of Attorney