District of New Jersey • 3:26-cv-01484

PEREZ LOPEZ v. SOTO

Completed

Case Information

Filed: February 15, 2026
Assigned to: Robert Kirsch
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 31, 2026
Last Activity: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 15, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17098379.), filed by MATEO ALEJANDRO PEREZ LOPEZ. (Attachments: # 1 Civil Cover Sheet)(GOLDMAN, MICHAEL) (Entered: 02/15/2026)
Main Document: Petition for Writ of Habeas Corpus
Feb 15, 2026
Judge Robert Kirsch added. (jjc, )
#2
Feb 17, 2026
Show Cause
Main Document: Show Cause
Feb 17, 2026
Notice of Judicial Preferences
Feb 17, 2026
QC - Generic Message
Feb 17, 2026
QC - Attorney Case Opening
Feb 17, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future please enter the title for the defendants in the PARTY TEXT. Example: in her capacity as Secretary for the United States Department of Homeland Security . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
Feb 17, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Feb 17, 2026
Add and Terminate Judges
Feb 17, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )
Feb 17, 2026
CLERK'S QUALITY CONTROL MESSAGE - The CIVIL COVER SHEET was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance.Please email a flattened version to ecfhelp@njd.uscourts.gov for replacement on the docket. (jjc, )
Feb 17, 2026
Set Deadlines as to 2 MOTION for Order to Show Cause . Motion set for 3/16/2026 before Judge Robert Kirsch. 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. (kht)
#3
Feb 27, 2026
Letter
Main Document: Letter
#4
Feb 27, 2026
Order on Motion to Show Cause
Main Document: Order on Motion to Show Cause
#5
Mar 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Mar 06, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#7
Mar 06, 2026
Substitution of Attorney
Main Document: Substitution of Attorney
#8
Mar 06, 2026
Letter
Main Document: Letter
#9
May 04, 2026
Letter
Main Document: Letter
#10
Jul 14, 2026
TEXT ORDER: This matter comes before the Court on Petitioner MATEO ALEJANDRO PEREZ LOPEZ'S habeas Petition brought pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) The records submitted by Respondents show that Petitioner is a citizen of El Salvador who was paroled on November 27, 2024, after EOIR vacated his negative fear determination and placed him in full removal proceedings. (ECF No. 6 -2, 2026 I-213 at 3.) He was detained by Immigration and Customs Enforcement ("ICE") on February 11, 2026, in East Meadows, New York. (Id.) Respondents filed an answer opposing relief because Petitioner was paroled from custody pursuant Section 212(d)(5)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(5)(A). In Correa v. Delaney Hall, No. 26-4876, 2026 WL 1803202, at *3 (D.N.J. Jun. 23, 2026), this Court held that a petitioner who was paroled into the country under § 1182(d)(5)(A) and detained years later was entitled to a bond hearing under § 1226(a)). Petitioner's situation is not meaningfully distinguishable from that of the petitioner in Correa. Moreover, in Barbosa da Cunha v. Freden, 175 F.4th 61, 73 (2d Cir. 2026), the Second Circuit held that "Section 1226(a) plainly applies to noncitizens... who are present in the United States, but charged as inadmissible for entering the country without inspection and admission[,]" and ICE allegedly arrested Petitioner in New York and later moved him to New Jersey. Neither party has notified the Court that Petitioner has been provided a bond hearing or that his detention status has changed. It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within seven (7) 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, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. The Text Order at ECF No. 4, which stays Petitioner's transfer, shall REMAIN IN EFFECT until this matter concludes. So Ordered by Judge Robert Kirsch on 07/14/2026. (pdm) (Entered: 07/14/2026)
Jul 14, 2026
Text Order
#11
Jul 22, 2026
Letter
Main Document: Letter
#12
Jul 31, 2026
TEXT ORDER: On July 22, 2026, Respondents notified the Court that the Immigration Court provided Petitioner with a bond hearing pursuant to this Court's Text Order dated July 14, 2026 (ECF No. 10), and denied Petitioner's request for a change in custody status finding that Petitioner poses a risk of flight. (ECF No. 11, 11 -1 (Ex. A (July 20, 2026, Order of the Immigration Judge).) Because Petitioner has received the relief ordered by the Court, this matter shall be marked CLOSED. So Ordered by Judge Robert Kirsch on 07/31/2026. (pdm) (Entered: 07/31/2026)
Jul 31, 2026
Order of Dismissal