District of New Jersey • 3:26-cv-01797

#1

Feb 24, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17128079.), filed by Daniel Tocas Chavez. (Attachments: # 1 Brief, # 2 Certificate of Service, # 3 Civil Cover Sheet, # 4 Text of Proposed Order Proposed Order to Show Cause, # 5 Declaration Notice of Appearance, # 6 Supplement Application for Order to Show Cause)(SANTAMARIA, STERLING) (Entered: 02/24/2026)

Feb 24, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS. DO NOT select a party if it is not in CAPITAL LETTERS or if it does not reflect the EXACT name as is found in the pleading, Create a new party . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Feb 24, 2026

Judge Robert Kirsch added. (jjc, )

Feb 24, 2026

Add and Terminate Judges

Feb 24, 2026

QC - Attorney Case Opening

Feb 24, 2026

Notice of Judicial Preferences

Feb 24, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

#2

Mar 03, 2026

TEXT ORDER: Petitioner DANIEL TOCAS CHAVEZ is a citizen of Peru with no reported criminal history who allegedly entered the United States without inspection in 2022 and was released on recognizance (ECF No. 1, Petition at 26-29, Exhibit I.) Petitioner contends he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 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 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 this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District while this habeas proceeding is pending. So Ordered by Judge Robert Kirsch on 03/03/2026. (pdm) (Entered: 03/03/2026)

Mar 03, 2026

Text Order

#3

Mar 05, 2026

Notice of Appearance

#4

Mar 05, 2026

Letter

#5

Mar 06, 2026

Letter