District of New Jersey • 2:26-cv-03397

HERRERA WEFFER v. DIRECTOR OF DELANEY HALL DETENTION FACILITY

Completed

Case Information

Filed: March 27, 2026
Assigned to: Susan Davis Wigenton
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 22, 2026
Last Activity: April 30, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 27, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 53772.), filed by VICTOR MANUEL HERRERA WEFFER. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits)(wh) (Entered: 03/31/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 31, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. N/M. So Ordered by Chief Judge Renee Marie Bumb on 3/31/2026. (wh) (Entered: 03/31/2026)
Mar 31, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Apr 02, 2026
Order to Answer
Main Document: Order to Answer
#4
Apr 08, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Apr 09, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#6
Apr 10, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Apr 10, 2026
Status Report
Main Document: Status Report
#8
Apr 14, 2026
Order to Answer
Main Document: Order to Answer
Apr 14, 2026
CLERK'S QUALITY CONTROL MESSAGE - Please note the ORDER TO ANSWER attached to docket entry 8 filed by the Clerk's office on 4/14/2026 was docketed in error. Please disregard. (sks)
Apr 14, 2026
QC - Incorrect Entry made by Clerk's Office Staff
#9
Apr 17, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#10
Apr 20, 2026
TEXT ORDER: According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225. (ECF No. 9). This Court concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Patel v. Almodovar, No. 25-cv-1534, 2025 WL 3012323 (D.N.J. Oct. 28, 2025). THEREFORE, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Patel is factually distinguishable, they shall file an expedited amended answer to the Petition within 3 days of this Order. Petitioner shall file any amended reply within 3 days of the answer. So Ordered by Judge Susan D. Wigenton on 4/20/2026. (cds) (Entered: 04/20/2026)
Apr 20, 2026
Text Order
#11
Apr 21, 2026
Letter
Main Document: Letter
#12
Apr 22, 2026
TEXT ORDER: The Clerk shall CLOSE this matter as Petitioner has been released. (ECF No. 11). So Ordered by Judge Susan D. Wigenton on 4/22/2026. (cds) (Entered: 04/22/2026)
Apr 22, 2026
Terminate Civil Case
Apr 22, 2026
***Civil Case Terminated. (mfr)
Apr 22, 2026
Text Order
#13
Apr 30, 2026
Mail Returned
Main Document: Mail Returned

Parties

DIRECTOR OF DELANEY HALL DETENTION FACILITY
Party
HERRERA WEFFER
Party