District of New Jersey • 2:26-cv-01299

#1

Feb 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17080713.), filed by OSCAR BELLOSO LEIVA. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 02/09/2026)

Feb 10, 2026

Case Assigned to Judge Jamel K. Semper. (mfr)

Feb 10, 2026

Case Assigned/Reassigned

#2

Feb 12, 2026

Letter

#3

Feb 17, 2026

TEXT ORDER: Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 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). It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), no later than 5:00 p.m. on February 24, 2026, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. Within three (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 an expedited answer by 12:00 p.m. on February 23, 2026, and Petitioner shall file a reply by 5:00 p.m. on February 23, 2026. Petitioner shall not be transferred from New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 2/17/2025. (sms) (Entered: 02/17/2026)

Feb 17, 2026

Order to Answer

#4

Feb 18, 2026

Substitution of Attorney

#5

Feb 23, 2026

Response to Habeas Petition

#6

Feb 24, 2026

Letter

#7

Feb 27, 2026

TEXT ORDER: The Court is in receipt of Petitioner's Request for Voluntary Dismissal. (ECF No. 6). Petitioner seeks dismissal of the pending habeas petition in order to more fully brief and, if appropriate, assert a challenge to the application of the mandatory detention provisions of the Laken Riley Act, amending 8 U.S.C. § 1226(c). Good cause appearing, and there being no showing of legal prejudice to Respondents at this juncture, the request is GRANTED. Accordingly, it is on this 27th day of February 2026, ORDERED that the Petition for a Writ of Habeas Corpus (ECF No. 1) is DISMISSED WITHOUT PREJUDICE at Petitioner's request; and it is further ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Jamel K. Semper on 2/27/2026. (sms) (Entered: 02/27/2026)

Feb 27, 2026

Order of Dismissal