District of New Jersey • 2:26-cv-01311

#1

Feb 10, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17083073.), filed by LUIS IGNACIO TIGRE SUMBA. (Attachments: # 1 Exhibit Request for Custody Determination to ICE)(MAYZEL, ISABELLA) (Entered: 02/10/2026)

Feb 10, 2026

QC - Civil Cover Sheet JS44

Feb 10, 2026

Case Assigned to Judge Evelyn Padin. (ps)

Feb 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Feb 10, 2026

Case Assigned/Reassigned

#2

Feb 11, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 ("Petition"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in Rivas Rodriguez v. Rokosky, No. 25-17419, 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), which entitles him to a bond hearing. It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, 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 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, within 5 days of this Order, an expedited answer. In that Answer, Respondents shall inform the Court whether they stipulate that Petitioner has accurately represented his criminal record. To the extent Respondents disagree with Petitioner's representation of his criminal record, Respondents shall provide the Court with supplemental documentation supporting their position. Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. Finally, the Court notes that all future filings must comply with Local Civil Rule 5.1(h), which requires that PDF filings be text searchable. So Ordered by Judge Evelyn Padin on 2/11/2026. (bt) (Entered: 02/11/2026)

Feb 11, 2026

Text Order

#3

Feb 19, 2026

Letter

#4

Mar 23, 2026

TEXT ORDER: This Court granted Petitioner Luis Ignacio Tigre Sumba's Petition for Habeas Corpus and ordered Respondents to provide Petitioner with a bond hearing. D.E. 2 . The Court has reviewed Respondents'' status report, which establishes that Petitioner received a bond hearing, and at that hearing, Petitioner's release was denied upon determination that he posed a flight risk. D.E. 3 . Accordingly, the Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 3/23/2026. (bt) (Entered: 03/23/2026)

Mar 23, 2026

Text Order

Mar 23, 2026

***Civil Case Terminated. (mfr)

Mar 23, 2026

Terminate Civil Case

#5

Mar 26, 2026

Letter

#6

Mar 27, 2026

TEXT ORDER: The Court has received a letter from Petitioner requesting that the Court re-open this action and provide additional relief as the Court sees fit following a second bond hearing, which Petitioner claims was deficient in numerous respects. D.E. 5 . Based on Petitioner's representations, the Court will: (1) RE-OPEN this action and (2) ORDER Respondents to, on or before 4/1/2026, respond to Petitioner's letter and provide the Court with a transcript of Petitioner's 3/25/2026 bond hearing. While the Court resolves this dispute, Respondents are enjoined from transferring Petitioner out of New Jersey. So Ordered by Judge Evelyn Padin on 3/27/2026. (bt) (Entered: 03/27/2026)

Mar 27, 2026

Text Order AND ~Util - Case Reopened

#7

Apr 01, 2026

Letter

#8

Apr 08, 2026

Letter

#9

Apr 10, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Luis Ignacio Tigre Sumba's letter request to enforce this Court's order granting his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 5 ("Request to Enforce Judgment"). Petitioner argues the Court should grant his release because, after two bond hearings, Respondents still have not fully complied with the Court's Order. Respondents filed a letter brief in opposition to Petitioner's Request to Enforce Judgment, D.E. 7 ("Response"), and along with it, submitted a copy of the 2/18/2026 Bond Order, D.E. 7-1, 3/25/2026 Bond Hearing Transcript, D.E. 7-3, and 3/25/2026 Immigration Judge ("IJ") Order, D.E. 7-2. Petitioner then filed a letter in reply. D.E. 8 ("Reply").Upon review of the parties' submissions and the records in this matter, the Court finds that Petitioner has not been provided sufficient notice to adequately prepare for the first bond hearing, which deprived him of the due process right to make arguments on his own behalf. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (describing essential elements of a fundamentally fair bond hearing). Although Petitioner was provided a subsequent bond hearing, the IJ denied Petitioner's bond request on March 25, 2026, based on lack of jurisdiction under Matter of Hurtado [29 I & N Dec. 216 (BIA 2025)], 3/25/2026 Bond Hearing Transcript at 5, despite this Court's contrary determination that Petitioner is detained under 8 U.S.C. § 1226(a) and entitled to a bond hearing, D.E. 2 ("Text Order"). Given the fundamental procedural defects at both bond hearings, Respondents have not provided Petitioner the habeas relief ordered by this Court. "[A] habeas court must have the power to order the conditional release of an individual unlawfully detained--though release need not be the exclusive remedy[.]" Boumediene v. Bush, 553 U.S. 723, 779 (2008), judgment entered, No. 07A1011, 2008 WL 11579668 (U.S. June 19, 2008); see also Zheng v. Rokosky, No. 26-1689, 2026 WL 800203, at *8 (D.N.J. Mar. 23, 2026) (granting Petitioner's release where IJ denied bond based in part on lack of jurisdiction, contrary to District Court's order).Accordingly, the Court GRANTS Petitioner's Request to Enforce Judgment. Respondents shall release Petitioner by 5:00 p.m. on 4/13/2026. If Respondents subsequently arrest Petitioner by warrant under 8 U.S.C. § 1226(a), they must comply with 8 C.F.R. § 236.1(c)(8), (d)(1). Within 3 days of Petitioner's release, Respondents shall file a status report confirming compliance with this Order. So Ordered by Judge Evelyn Padin on 4/10/2026. (bt) (Entered: 04/10/2026)

Apr 10, 2026

Text Order

#10

Apr 12, 2026

Letter

#11

Apr 13, 2026

TEXT ORDER: This Court granted Petitioner's Request to Enforce Judgment, D.E. 5, and ordered Respondents to release Petitioner by 4/13/2026. D.E. 9 . The Court has reviewed the Government's status update, D.E. 10, apprising the Court that Petitioner was released on 4/10/2026. Accordingly, this matter is CLOSED. So Ordered by Judge Evelyn Padin on 4/13/2026. (bt) (Entered: 04/13/2026)

Apr 13, 2026

***Civil Case Terminated. (mfr)

Apr 13, 2026

Text Order

Apr 13, 2026

Terminate Civil Case