District of New Jersey • 2:26-cv-03245

LOPEZ GARCIA v. SOTO

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Case Information

Filed: March 27, 2026
Assigned to: Evelyn Padin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 09, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 27, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17245314.), filed by JORGE ELIAS LOPEZ GARCIA. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - Politico article, # 4 Certificate of Service)(LESCHAK, JOHN) Modified on 3/27/2026 (sks). (Entered: 03/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 27, 2026
Emergency MOTION for Temporary Restraining Order by JORGE ELIAS LOPEZ GARCIA. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum Memorandum of Law, # 3 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 03/27/2026)
Main Document: Temporary Restraining Order
#3
Mar 27, 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 3/27/2026. (jr) (Entered: 03/27/2026)
#4
Mar 27, 2026
TEXT ORDER: Petitioner Jorge Elias Lopez Garcia filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. 1225(b), D.E. 1 ("Petition"), and a motion for temporary restraining order seeking an order enjoining his transfer from New Jersey and release from detention, D.E. 2 ("TRO Motion"). Under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting Section 1225 including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds that Petitioner's mandatory detention under Section 1225(b) is unlawful and violates his Fifth Amendment right to due process. It is therefore ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner's detention is distinguishable from the cases in this District previously addressing Section 1225, they shall file an expedited answer within 3 days of this Order, and Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer.If Respondents do not file an expedited answer, they shall instead: (1) release Petitioner within 3 days of this Order and (2) file a written notice of Petitioner's release within 3 days of his release. The Clerk of Court shall DISMISS the TRO Motion, D.E. 2, as MOOT. So Ordered by Judge Evelyn Padin on 3/27/2026. (bt) (Entered: 03/27/2026)
#5
Mar 27, 2026
Letter from US Attorney's Office re Petitioner's Release. (BOBER, SANDRA) (Entered: 03/27/2026)
Main Document: Letter
Mar 27, 2026
Case Assigned/Reassigned
Mar 27, 2026
Case assigned to Judge Evelyn Padin. (jr)
Mar 27, 2026
Text Order AND ~Util - Terminate Motions
Mar 27, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 09, 2026
Terminate Civil Case
Apr 09, 2026
Text Order

Parties

LOPEZ GARCIA
Party
SOTO
Party