District of New Jersey • 2:26-cv-02538

#1

Mar 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17186370.), filed by LUIS RODOLFO SALTOS YANZA. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 03/12/2026)

#2

Mar 12, 2026

MOTION for Temporary Restraining Order by LUIS RODOLFO SALTOS YANZA. (KAPITONOV, PETER) (Entered: 03/12/2026)

#3

Mar 12, 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 3/12/2026. (jr) (Entered: 03/12/2026)

#4

Mar 12, 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 has filed a motion for an order to show cause ("OTSC") and for a temporary restraining order ("TRO") prohibiting Respondents from transferring Petitioner outside the District of New Jersey or removing him from the United States pending adjudication of his Petition. (D.E. No. 2 ("Motion for OTSC and 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 Motion for OTSC and TRO is 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). (Pet. Para. 30). 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 February 25, 2023, Petitioner entered the United States through the Southern border and, upon information and belief, was released on his own recognizance; (ii) Petitioner has a pending asylum claim; (iii) upon information and belief, he has complied with all requisite check-ins; and (iv) on February 5, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers at the Immigration Court in Newark, New Jersey. (Pet. Paras. 14-17, 71). 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). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. 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 attachment to the Petition (D.E. No. 1 -1), the Motion for OTSC and TRO (D.E. No. 2 ), 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 3/12/2026. (ek) (Entered: 03/12/2026)

Mar 12, 2026

Case assigned to Judge Esther Salas. (jr)

Mar 12, 2026

Case Assigned/Reassigned

Mar 12, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 12, 2026

QC - Generic Message

Mar 12, 2026

Text Order

Mar 12, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please select 28:2241 Petition for Writ of Habeas Corpus (federal) for the Cause of Action and enter the title for the respondents in the PARTY TEXT. Example: Attorney General of the United States . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mj)

#5

Mar 15, 2026

Notice of Appearance

#6

Mar 17, 2026

Letter

#7

Mar 20, 2026

Letter

Apr 07, 2026

Text Order

Apr 08, 2026

Terminate Civil Case