District of New Jersey • 1:26-cv-02533

PEREIRA DE SOUZA v. SOTO

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Case Information

Filed: March 11, 2026
Assigned to: Renee Marie Bumb
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 23, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 11, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17186149.), filed by GUSTAVO JOSE PEREIRA DE SOUZA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 03/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 11, 2026
MOTION for Temporary Restraining Order by GUSTAVO JOSE PEREIRA DE SOUZA. (MINOGUE, ALEXANDRA) (Entered: 03/11/2026)
Main Document: Temporary Restraining Order
#3
Mar 12, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner until further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 03/12/26. (Bumb, Renee) (Entered: 03/12/2026)
#4
Mar 12, 2026
TEXT ORDER dismissing 2 Motion for TRO Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 ("Petition"). If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, 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 All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. If Respondents do not file an expedited answer, pursuant to this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). Therefore, in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, 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). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Whereas the Court has enjoined Petitioner's transfer from New Jersey pending determination of the Petition, and ordered an expedited answer to the Petition, the Clerk shall DISMISS the motion for a temporary restraining order, Dkt. No. 2, as moot. SO ORDERED by Chief Judge Renee Marie Bumb on 03/12/2026. (Costigan, Roberta) (Entered: 03/12/2026)
Mar 12, 2026
Case assigned to Chief Judge Renee Marie Bumb. (jr)
Mar 12, 2026
Order on Motion for TRO
Mar 12, 2026
Order
Mar 12, 2026
Case Assigned/Reassigned
#5
Mar 15, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Mar 16, 2026
Letter
Main Document: Letter
#7
Mar 20, 2026
Letter
Main Document: Letter
Mar 23, 2026
Order
Mar 23, 2026
Terminate Civil Case

Parties

PEREIRA DE SOUZA
Party
SOTO
Party