District of New Jersey • 2:26-cv-02229

#1

Mar 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17155647.), filed by EMILIO ESTUARDO VILLAVICENCIO. (Attachments: # 1 Civil Cover Sheet JS 44, # 2 Order to Show Cause, # 3 Proposed Habeas Order, # 4 Certificate of Service, # 5 Exhibit Exhibit A - Detainee Locator, # 6 Exhibit Exhibit B - ACIS, # 7 Exhibit Exhibit C - Maldonado Final Judgment)(PEREZ, JOHN) (Entered: 03/03/2026)

#2

Mar 03, 2026

Emergency MOTION for Temporary Restraining Order to Stay Transfer by EMILIO ESTUARDO VILLAVICENCIO. (Attachments: # 1 Proposed TRO)(PEREZ, JOHN) (Entered: 03/03/2026)

#3

Mar 03, 2026

TEXT ORDER: Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/3/2026. (jjc) (Entered: 03/03/2026)

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The correct party roles are petitioner vs. respondent when filing Petitions for Writ of Habeas Corpus. Please make note of this for future filings . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

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 respondents 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, )

Mar 03, 2026

Add and Terminate Judges

Mar 03, 2026

Order

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Please do NOT add addresses to the docket . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 03, 2026

Judge Esther Salas added. (jjc, )

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: EXECUTIVE OFFICE FOR IMMIGRATION REVIEW has been added to the docket as found on the petition. Please make sure you are adding ALL PETITIONERS AND RESPONDENTS as found on the petition . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

#4

Mar 04, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Petitioner also requests an order to show cause ("OTSC") (D.E. No. 1 -2) and has filed a motion for a temporary restraining order ("TRO") to enjoin his transfer outside of the District of New Jersey pending resolution of his Petition (D.E. No. 2 ("Motion for TRO")). Chief Judge Renee Marie Bumb has entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. The request for an OTSC and the Motion for TRO are DENIED as moot. The Clerk of Court shall terminate the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a new detention policy adopted in July 2025 and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 29, 31). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) on or about July 2022, in Arizona, Petitioner entered the United States without inspection; (ii) since his entry, he has continuously resided in this country with his wife and two U.S. citizen children; and (iii) on February 28, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers during a traffic stop in Neptune, New Jersey, after he had pulled out of a Home Depot parking lot. (Pet. Paras. 21-24). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, at *4. In accordance with 8 U.S.C. § 1226(a), within ten (10) 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 Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). 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 Diaz Rudecindo does not control, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of Court shall forward a copy of the Petition (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 through 1 -7), the Motion for TRO (D.E. No. 2 ), the attachment to the Motion for TRO (D.E. No. 2 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 3/4/2026. (ek) (Entered: 03/04/2026)

Mar 04, 2026

Text Order

#5

Mar 09, 2026

Notice of Appearance

#6

Mar 13, 2026

Letter

#7

Mar 24, 2026

Substitute Attorney

Mar 25, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Apr 04, 2026

Letter

Apr 07, 2026

Text Order AND ~Util - Terminate Motions