District of New Jersey • 2:26-cv-02120

#1

Feb 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17145227.), filed by ALVARO MARMOLEJO MOTTOA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 02/28/2026)

#2

Feb 28, 2026

MOTION for Temporary Restraining Order by ALVARO MARMOLEJO MOTTOA. (MINOGUE, ALEXANDRA) (Entered: 02/28/2026)

Feb 28, 2026

Case Assigned to Judge Jamel K. Semper. (mem, )

Mar 01, 2026

Case Assigned/Reassigned

#3

Mar 02, 2026

Letter from Petitioner Urgently Seeking Release. (MINOGUE, ALEXANDRA) (Entered: 03/02/2026)

#4

Mar 03, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus (ECF No. 1), the Motion for Temporary Restraining Order (ECF No. 2), and Petitioner's March 2, 2026 letter submission (ECF No. 3). Petitioner, a civil immigration detainee, alleges that following transfer he has been denied access to prescribed anticonvulsant medication necessary to treat his documented intractable epilepsy. Civil detention must comport with the Due Process Clause, and detainees are entitled to constitutionally adequate medical care. See Diop v. ICE/Homeland Security, 656 F.3d 221 (3d Cir. 2011); Estelle v. Gamble, 429 U.S. 97 (1976). On the present record, the Court finds that Petitioner has demonstrated a likelihood of success on the merits and a clear showing of irreparable harm, as the risk of uncontrolled seizure activity and permanent neurological injury cannot be remedied after the fact. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008). Accordingly, IT IS on this 2nd day of March, 2026, ORDERED that Petitioner's Motion (ECF No. 2) is GRANTED to the extent it seeks immediate release. Within 24 hours of the entry of this Order, Respondents shall RELEASE Petitioner and facilitate his return to New Jersey. Pending release, Respondents shall ensure uninterrupted administration of Petitioner's prescribed anticonvulsant medications at physician-directed dosages. Within 48 hours of this Order, Respondents shall file a letter on the docket confirming the date and time of Petitioner's release, and a certification from a licensed medical professional detailing Petitioner's diagnosis, prescribed treatment plan, and confirmation of medication continuity since detention. Absent material change of circumstances, Respondents are PERMANENTLY ENJOINED from rearresting or otherwise detaining Petitioner under 8 U.S.C. § 1225. The Court retains jurisdiction. A formal Opinion will follow. So Ordered by Judge Jamel K. Semper on 3/3/2026. (sms) (Entered: 03/03/2026)

#5

Mar 03, 2026

Notice of Appearance

Mar 03, 2026

Please be advised, this entry is being made for statistical purposes only re 4 TEXT ORDER. (jdg)

Mar 03, 2026

Order to Answer

#6

Mar 05, 2026

Letter from Respondents confirming Petitioner's release and responding to ECF No. 4 re 4 Order to Answer,,,,,,,,. (Attachments: # 1 Exhibit 1 - Medical History and Physical Assessment, # 2 Exhibit 2 - Clinical Documents)(LASERNA, JESSICA)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 03/05/2026)

Mar 05, 2026

Order on Motion for TRO