District of New Jersey • 3:26-cv-02184

ALFARO HERNANDEZ v. SOTO

Active

Case Information

Filed: March 02, 2026
Assigned to: Robert Kirsch
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 03, 2026
First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17151250.), filed by CARLOS ANTONIO ALFARO HERNANDEZ. (Attachments: # 1 Text of Proposed Order proposed order to show cause, # 2 Civil Cover Sheet civil cover sheet)(LIPSITZ, JONATHAN) (Entered: 03/03/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 03, 2026
TEXT ORDER: Petitioner CARLOS ANTONIO ALFARO HERNANDEZ has filed a Habeas Petition asserting that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or, at minimum, a bond hearing under 8 U.S.C. § 1226(a). Petitioner is a citizen of El Salvador who entered the United States without inspection in 2007 and resides in New Jersey; he was allegedly arrested without a warrant by Immigration and Customs Enforcement ("ICE") and is detained at Delaney Hall in Newark New Jersey. (ECF No. 1, Petition at 1, 5-6.) In Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a). It is 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 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. Pursuant to the Court's authority under 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
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed included a Civil Cover Sheet (JS-44) that has been distorted. 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. (jjc, )
Mar 03, 2026
Case Assigned to Judge Robert Kirsch. (ps)
Mar 03, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information. No Addresses of the parties needed. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)
Mar 03, 2026
Text Order
Mar 03, 2026
QC - Civil Cover Sheet JS44
Mar 03, 2026
Case Assigned/Reassigned
Mar 03, 2026
QC - Attorney Case Opening
Mar 03, 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: 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, )
#3
Mar 04, 2026
NOTICE of Appearance by NATHANIEL BOTWINICK on behalf of PAMELA BONDI, KRISTI NOEM, LUIS SOTO, JOHN TSOUKARIS (BOTWINICK, NATHANIEL) (Entered: 03/04/2026)
Main Document: NOTICE
#4
Mar 12, 2026
Letter
Main Document: Letter

Parties

ALFARO HERNANDEZ
Party
SOTO
Party