District of New Jersey • 2:26-cv-02324

#1

Mar 05, 2026

PETITION for Writ of Habeas Corpus for Alien Detainee ( Filing fee $ 5 receipt number ANJDC-17165295.), filed by LUIS ALBERTO ALVAREZ-COLLAZOS. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Index Index of Exhibits, # 3 Exhibit Exhibit A - proof of military service of Petitioner's children, # 4 Exhibit Exhibit B - Form I-213, # 5 Exhibit Exhibit C - March 2020 Bond order, # 6 Exhibit Exhibit D - March 2026 criminal complaint, # 7 Exhibit Exhibit E - Maldonado Bautista order RE class cert, # 8 Exhibit Exhibit F - Maldonado Bautista order RE summary judgment, # 9 Exhibit Exhibit G - Maldonado Bautista order RE reconsideration, # 10 Exhibit Exhibit H - AILA practice alert, # 11 Exhibit Exhibit I - Maldonado Bautista order RE motion to enforce, # 12 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 03/05/2026)

Mar 05, 2026

Case Assigned to Judge Evelyn Padin. (mfr)

Mar 05, 2026

Case Assigned/Reassigned

#2

Mar 06, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Luis Alberto Alvarez-Collazos's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner alleges his detention by immigration authorities is unlawful and seeks immediate release or a bond hearing pursuant to 8 U.S.C. § 1226(a). In accordance with Rule 4 of the Rules Governing 2254 Cases, applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without an answer is not warranted. Respondents shall file an expedited answer to the Petition within 7 days. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall not be transferred from New Jersey pending this habeas proceeding. So Ordered by Judge Evelyn Padin on 3/6/2026. (bt) (Entered: 03/06/2026)

Mar 06, 2026

Text Order

#3

Mar 09, 2026

Notice of Appearance

#4

Mar 13, 2026

Response to Habeas Petition

#5

Mar 22, 2026

Reply to Response (NOT Motion)

#6

Mar 25, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Luis Alberto Alvarez-Collazos's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, D.E. 1 ("Petition"), challenging his detention by immigration authorities under 8 U.S.C. § 1225(b)(2) as unlawful. Respondents filed an answer to the Petition, D.E. 4 ("Answer"), and Petitioner filed a reply brief, D.E. 5 ("Reply"). Respondents do not challenge this Court's jurisdiction and do not dispute the material facts alleged in the Petition. Answer at 2. Respondents submit Petitioner is lawfully detained as an applicant for admission without a bond hearing under 8 U.S.C. § 1225(b), and in the absence of Third Circuit precedent, they rely on a statutory interpretation rejected by this Court and courts within this district. Id. at 3. Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2), as well as other recent decisions in this District interpreting § 1225(b), see, e.g., Rivera Zumba v. U.S. Attorney Gen., No. 25-14626, 2025 WL 2753496, at *9 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner is subject to discretionary detention under § 1226(a), which entitles him to a bond hearing.Therefore, it is ORDERED that the Petition is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven days of this 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 3 days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Evelyn Padin on 3/25/2026. (bt) (Entered: 03/25/2026)

Mar 25, 2026

Text Order

#7

Apr 02, 2026

Letter

May 20, 2026

Terminate Civil Case

May 20, 2026

Text Order