District of New Jersey • 3:26-cv-02771

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17208399.), filed by RODOLFO HUARIPATA LLAUCA. (Attachments: # 1 Brief, # 2 Habeas Order, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 03/17/2026)

Mar 18, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Mar 18, 2026

Case Assigned to Judge Robert Kirsch. (mfr)

Mar 18, 2026

Notice of Judicial Preferences

Mar 18, 2026

Case Assigned/Reassigned

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Mar 26, 2026

Letter

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Mar 27, 2026

TEXT ORDER: Petitioner RODOLFO HUARIPATA LLAUCA has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his mandatory detention. (ECF No. 1 .) Petitioner is a citizen of Peru who allegedly entered the United States without inspection in 2006 and has no criminal history. (ECF No. 1, Petition at 13, 15.) He contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to immediate release or a bond hearing under 8 U.S.C. § 1226(a). In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). It is therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 7 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 he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing, if necessary, without seeking this Court's intervention. It is further ORDERED that 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 this case is factually or legally distinguishable, 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 thereafter. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from MOSHANNON VALLEY ICE PROCESSING CENTER, which is his current detention facility (See ECF No. 2), while this habeas proceeding is pending. So Ordered by Judge Robert Kirsch on 03/27/2026. (pdm) (Entered: 03/27/2026)

Mar 27, 2026

Text Order

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Apr 01, 2026

Notice of Appearance

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Apr 03, 2026

Letter

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Apr 06, 2026

Letter

Apr 06, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 5 LETTER filed by ISEN KANG on 4/3/2026 appears to be filed in the incorrect case. PLEASE REVIEW THE LETTER and file it in the correct case. This submission will remain on the docket unless otherwise ordered by the court. (dmr3)

Apr 06, 2026

QC - Document Filed in Incorrect Case

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Apr 15, 2026

Substitute Attorney

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Apr 15, 2026

Motion to Quash/Compel/Enforce

Apr 16, 2026

Set Deadlines as to 8 Emergency MOTION to Quash/Compel/Enforce, 7 MOTION to Substitute Attorney . Motion set for 5/18/2026 before Judge Robert Kirsch. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )

Apr 16, 2026

Set/Reset Motion and R&R Deadlines/Hearings

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Apr 17, 2026

TEXT ORDER: The Court is in receipt of Petitioner's motion alleging that he did not receive due process in his bond hearing. (ECF No. 8 ). This Court has jurisdiction to review whether the bond hearing was fundamentally unfair, see Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022), but lacks jurisdiction to review discretionary determinations underlying the immigration judge's bond decision. See 8 U.S.C. § 1226(e). Therefore, Petitioner's motion to enforce judgment is not a substitute for an appeal of the immigration judge's Order denying bond. Respondents are ORDERED to file a response to Petitioner's motion by Monday April 20, 2026, which must include a copy of the hearing transcript. Petitioner may file a reply brief by Wednesday, April 22, 2026. So Ordered by Judge Robert Kirsch on 04/17/2026. (pdm) (Entered: 04/17/2026)

Apr 17, 2026

Text Order

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Apr 20, 2026

Response in Opposition to Motion

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Apr 22, 2026

Reply Brief to Opposition to Motion

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Apr 30, 2026

Letter