District of New Jersey • 2:26-cv-03416

#1

Mar 31, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17260220.), filed by EDGAR RENE GOMEZ RAMIREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A ICE Detainee Locator, # 3 Exhibit B EOIR Automated Case Information, # 4 Exhibit C Passport Biographic Page, # 5 Exhibit D Family Biographic Documents demonstrating US Citizenship, # 6 Exhibit E USCIS Form I-130 Approval Notice, # 7 Exhibit F USCIS I-601A Approval Notice, # 8 Exhibit G Dep't of State NVC Immigrant Visa Interview Confirmation, # 9 Exhibit H Marriage Certificate, # 10 Exhibit I Local News Articles regarding Edgar's Arrest)(ARCHAMBEAULT, MATTHEW) (Entered: 03/31/2026)

#2

Mar 31, 2026

MOTION for Temporary Restraining Order by EDGAR RENE GOMEZ RAMIREZ. (Attachments: # 1 Text of Proposed Order)(ARCHAMBEAULT, MATTHEW) (Entered: 03/31/2026)

#3

Mar 31, 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 3/31/2026. (mfr) (Entered: 03/31/2026)

Mar 31, 2026

Case Assigned/Reassigned

Mar 31, 2026

Case Assigned to Judge Esther Salas. (mfr)

Mar 31, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 01, 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 also has filed a motion for a temporary restraining order ("TRO") enjoining Respondents from moving Petitioner outside the State of New Jersey, and from removing Petitioner from the United States, during the pendency of this proceeding. (D.E. No. 2 ("Motion for TRO")). 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. 3 ). 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. The Motion for TRO is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 U.S. Immigration and Customs Enforcement ("ICE") policy and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras 30-31). 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 2001, Petitioner entered the United States without inspection, and he has continuously resided in the United States (in Vineland, New Jersey) since his 2001 entry; (ii) Petitioner has been married to a U.S. citizen spouse for approximately ten years, they have three U.S. children (ranging in age from four to nine), their six-year old child has epilepsy and sleep apnea, and Petitioner is the sole "breadwinner" for the family; (iii) Petitioner's wife filed a Form I-130 Petition for Alien Relative on his behalf, which was approved on November 26, 2018, Petitioner applied for a Form-601A Unlawful Presence Waiver, which was approved on June 2, 2021, on January 6, 2022, the couple completed scheduling a visa interview appointment with the U.S. Department of State's National Visa Center, and the National Visa Center interview scheduled for January 5, 2026, which was postponed due to Petitioner's arrest on November 13, 2025 on charges of operating under the influence of liquor or drugs and other related offenses in Vineland; (iv) Petitioner has been diligently working with his criminal defense attorney "to comply with his [criminal] case;" and (v) on March 26, 2026, in the interior of the United States, Petitioner was arrested and detained by ICE agents in a traffic stop that occurred after he left a hearing at the Cumberland County Courthouse in Bridgeton, New Jersey (e.g., Petitioner's criminal defense attorney was driving Petitioner and wife in the attorney's vehicle back to the couple's car, the attorney's car was stopped and surrounded by ICE officers at a traffic light, Petitioner's wife locked the door and asked the agents to produce a warrant for her husband's arrest, the agents stated they had a warrant but never produced it, an agent instead dented the car door with a baton and smashed the back window of the vehicle where Petitioner was sitting (causing glass to fly into the car), and the agent then forcefully pulled Petitioner out of the vehicle). (Pet. Paras. 1-7, 68). 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 attachments to the Petition (D.E. Nos. 1 -1 through 1 -10), the Motion for TRO (D.E. No. 2 ), the attachment to the Motion for TRO (D.E. No. 2 -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 4/1/2026. (ek) (Entered: 04/01/2026)

Apr 01, 2026

Text Order