District of New Jersey • 2:26-cv-01799

ARTEAGA v. SOTO

Active

Case Information

Filed: February 24, 2026
Assigned to: Brian R. Martinotti
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 16, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 24, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17128445.), filed by Robert Andre Cini.(CINI, ROBERT) (Entered: 02/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 24, 2026
First MOTION for Temporary Restraining Order by Omar Munoz Arteaga. (Attachments: # 1 Brief, # 2 Brief, # 3 Civil Cover Sheet)(CINI, ROBERT) (Entered: 02/24/2026)
Main Document: Temporary Restraining Order
Feb 24, 2026
Case Assigned/Reassigned
Feb 24, 2026
Case assigned to Judge Brian R. Martinotti. (tjg, )
#3
Feb 25, 2026
TEXT ORDER: Before the Court is Petitioner Omar Munoz Arteaga's ("Petitioner"), a citizen of Venezuela who entered the United States without inspection in 2023, Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, contending that Petitioner 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) (ECF No. 1), a request for an Order to Show Cause ("OTSC") (ECF No. 2-1), and a Motion for a Temporary Restraining Order ("TRO") seeking an order enjoin Petitioner's transfer or removal from New Jersey (ECF No. 2-2). In Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), this Court held that a similarly situated noncitizen could only be subjected to lawful, discretionary detention under 8 U.S.C. § 1226(a), which entitled him to a bond hearing; see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). Accordingly, it is, ORDERED the Petition (ECF No. 1) is GRANTED. 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 individualized bond hearings before an immigration judge who shall assess whether they present 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 of the date of filing of Respondents' expedited answer. It is further ORDERED that Petitioner's request for an OTSC (ECF No. 2-1) is DENIED as moot. It is further ORDERED that Petitioner's TRO Motion (ECF No. 2-2) is DENIED without prejudice, as Petitioner has failed to include a certification or explanation as to whether efforts were made to notify Respondents regarding the request for a TRO. See Fed. R. Civ. R. 65(b)(1). However, is further ORDERED that pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. SO ORDERED by Judge Brian R. Martinotti on 02/25/2026. (lr, ) (Entered: 02/25/2026)
#4
Feb 25, 2026
CERTIFICATE OF SERVICE by OMAR MUNOZ ARTEAGA (CINI, ROBERT) (Entered: 02/25/2026)
Main Document: Certificate of Service
Feb 25, 2026
Text Order
#5
Feb 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Mar 07, 2026
Letter
Main Document: Letter
#7
Mar 08, 2026
Letter
Main Document: Letter
Mar 09, 2026
Text Order
#9
Mar 15, 2026
Letter
Main Document: Letter
#10
Mar 16, 2026
Order
Main Document: Order
Mar 16, 2026
Terminate Civil Case

Parties

ARTEAGA
Party
SOTO
Party