District of New Jersey • 3:26-cv-01283

#1

Feb 09, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17079471.), filed by GELSIN B HERNANDEZ-POLANCO. (Attachments: # 1 Civil Cover Sheet JS 44 Gelsin Cover, # 2 Text of Proposed Order Order to Show Cause, # 3 Text of Proposed Order Order to Show Cause, # 4 Exhibit Petitioner's I-589 Asylum App., # 5 Exhibit Petitioner's Form I-213, # 6 Exhibit Respondent's EOIR Evidence, # 7 Exhibit Petitioner's No Criminal Record Report, # 8 Exhibit Petitioner's Master Calendar Notice, # 9 Exhibit Petitioner's Bond Redetermination Calendar Notice, # 10 Exhibit Immigration Court Closure, # 11 Exhibit Decision of Immigration Judge, # 12 Exhibit Petitioner's Proof of Continuous Presence in U.S.A, # 13 Exhibit ICE Locator, # 14 Exhibit Notice to Appear)(HERNANDEZ, CESAR) (Entered: 02/09/2026)

#2

Feb 10, 2026

TEXT ORDER: In this matter, Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225(b)(2). Under this Court's decision in Valerio v. Joyce, Civ. No. 25-17225, 2025 WL 3251445 (D.N.J. Nov. 21, 2025), and in light of other recent decisions in this District interpreting § 1225(b)(2), the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, 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 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. The Government shall not transfer Petitioner out of New Jersey until this bond process is complete. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing §1225(b)(2), 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 three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Zahid N. Quraishi on 2/10/2026. (kas) (Entered: 02/10/2026)

Feb 10, 2026

Judge Zahid N. Quraishi added. (jjc, )

Feb 10, 2026

Text Order

Feb 10, 2026

Add and Terminate Judges

#3

Feb 17, 2026

Substitution of Attorney

#4

Mar 07, 2026

Letter

#5

Mar 07, 2026

Status Report

#6

Mar 09, 2026

Memorandum AND Opinion

#7

Mar 09, 2026

Order

#8

Mar 09, 2026

Declaration

#9

Mar 09, 2026

Status Report

#10

Mar 09, 2026

Declaration

Mar 09, 2026

***Civil Case Terminated. (mlh)

Mar 09, 2026

Terminate Civil Case

#11

Mar 10, 2026

Letter

#12

Mar 10, 2026

Letter

#13

Mar 11, 2026

TEXT ORDER: The Court having reviewed the Government's extension request (ECF No. 12 ), that request is GRANTED. The Government shall file the required declarations no later than 12:00 p.m. EDT on Monday, March 16, 2026. So Ordered by Judge Zahid N. Quraishi on 3/11/2026. (kas) (Entered: 03/11/2026)

Mar 11, 2026

Text Order

#14

Mar 16, 2026

Letter

#15

Mar 17, 2026

TEXT ORDER that the Court has reviewed the Government's letter 14 . The Court finds that the response from the US Attorney's Office is adequate. Specifically, its Declaration reflects that: the Office acted promptly to advise DHS of the no-transfer order entered in this case, that the Office acknowledges the seriousness of complying with court orders, and that it has taken steps, within the Office, to ensure its compliance going forward. The Court finds, however, that the declaration supplied by ICE demonstrates none of these hallmarks. Accordingly, for the reasons articulated by the Court in Kumar v. Soto, Civ. No. 26-777, 2026 WL 585187, at *3 (D.N.J. Mar. 2, 2026), in future appropriate immigration habeas cases, the undersigned will order ICE to file a declaration confirming that it has (i) received the particular injunction in question; and (ii) received written legal advice from the United States Attorney's Office on the subject of its obligation to comply with the injunction. The undersigned will also order the Government to self-report any violation of Court orders in that case. Kumar, 2026 WL 585187, at *12. So Ordered by Judge Zahid N. Quraishi on 3/17/2026. (kas) (Entered: 03/17/2026)

Mar 17, 2026

Text Order