District of New Jersey • 2:26-cv-02971

VILLALTA GOMEZ v. BORGEN

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Case Information

Filed: March 23, 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: April 03, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 23, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17226677.), filed by JORGE HUMBERTO VILLALTA GOMEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 03/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 23, 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 3/23/2026. (jr) (Entered: 03/23/2026)
Mar 23, 2026
Case Assigned/Reassigned
Mar 23, 2026
Case assigned to Judge Esther Salas. (jr)
Mar 23, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Mar 24, 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 further requests an order "ensur[ing]" that he is not removed from the jurisdiction. (Id. at 8). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). 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. It appears that Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b). 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) in 1997, Petitioner entered the United States without inspection in 1997, was not detained upon entry, and has resided continuously in the United States since his entry; (ii) Petitioner is eligible for cancellation of removal; (iii) Petitioner has two U.S. citizen and has never been arrested; and (iv) on March 10, 2026, evidently in the interior of the United States, Petitioner was arrested and detained. (Pet. at 5-7). 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), 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 3/24/2026. (ek) (Entered: 03/24/2026)
Mar 24, 2026
Text Order
#4
Mar 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Apr 03, 2026
Letter
Main Document: Letter

Parties

BORGEN
Party
VILLALTA GOMEZ
Party