District of New Jersey • 2:26-cv-02604

FERNANDEZ MONTALVAN v. WARDEN, DELANEY HALL DETENTION FACILITY

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Case Information

Filed: March 13, 2026
Assigned to: Esther Salas
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 25, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 13, 2026
PETITION for Writ of Habeas Corpus, filed by LUIS ALBERTO FERNANDEZ MONTALVAN. (no filing fee/IFP Application) (Attachments: # 1 Exhibits, # 2 Envelope, # 3 Civil Cover Sheet)(mfr) (Entered: 03/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 13, 2026
MOTION for Temporary Restraining Order by LUIS ALBERTO FERNANDEZ MONTALVAN. (mfr) (Entered: 03/13/2026)
Main Document: Temporary Restraining Order
#3
Mar 13, 2026
ORDERED that Petitioner SHALL NOT BE TRANSFERRED from the District of New Jersey, or REMOVED from the United States, pending further order of this Court; ORDERED that the Petitioner's Motion for TRO (D.E. No. 2 ) is DENIED as moot, etc.; ORDER TO ANSWER: Within twenty-one (21) days of the date of entry of this Order, Respondent shall file and serve a full and complete answer to the Petition (D.E. No. 1 ), which responds to the factual and legal allegations of the Petition; the answer shall state the statutory authority for Petitioner's detention, see 28 U.S.C. § 2243, and provide the relevant legal analysis and record; ORDERED that Respondent shall raise in the answer any appropriate defenses and relevant legal arguments with citations to appropriate legal authority; ORDERED that Respondent shall electronically file with the answer certified copies of the administrative record and all other documents relevant to Petitioner's claims; ORDERED that all exhibits to the answer must be identified by a descriptive name in the electronic filing entry, etc. ORDERED that Petitioner may file and serve a reply in support of the Petition withinfourteen (14) days after the answer is filed; ORDERED that within three (3) days after any change in Petitioner's custody or immigration status (be it release or otherwise) occurring any time during the pendency of this case, Respondent shall electronically file a written notice of the same with the Clerk of the Court; ORDERED that the Clerk of Court shall serve a copy of this Order upon Petitioner by regular U.S. Mail. (N/M). Signed by Judge Esther Salas on 3/13/2026. (ek) (Entered: 03/13/2026)
Main Document: Order to Answer
#4
Mar 16, 2026
Notice of Appearance
Main Document: Notice of Appearance
Mar 25, 2026
Filing Fee Received

Parties

FERNANDEZ MONTALVAN
Party
WARDEN, DELANEY HALL DETENTION FACILITY
Party