District of New Jersey • 2:26-cv-03539

#1

Apr 01, 2026

PETITION for Writ of Habeas Corpus (Received via ADS) (Filing fee $5.00 receipt number NEW53809.), filed by LUIS HERNAN ROCHEZ MATUTE. (Attachments: # 1 Civil Cover Sheet)(ps) (Entered: 04/02/2026)

#2

Apr 02, 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 4/2/2026. (ps) (Entered: 04/02/2026)

#3

Apr 02, 2026

TEXT ORDER : This matter is before the Court on the pro se 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 asks the Court to maintain the status quo by prohibiting U.S. Immigration and Customs Enforcement ("ICE") from transferring him out of the Jurisdiction. (Id. at 9). 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. Based on the pro se Petition, it appears that Respondents are 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) on or about July 15, 2021, Petitioner entered the country lawfully through CBP One and was paroled into the country pursuant to the Intensive Supervision Appearance Program ("ISAP"); (ii) Petitioner has complied with all ISAP requirements and has not been arrested since entering the country; and (iii) on April 1, 2026, in the interior of the United States, Petitioner was detained by ICE at the Asylum Office in Newark, New Jersey, following his credible fear interview. (Pet. at 3, 7-8). 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 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. The Clerk of Court shall forward a copy of the Petition (D.E. No. 1 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov and shall serve a copy of this Order upon Petitioner by regular U.S. Mail. So Ordered by Judge Esther Salas on 4/2/2026. (ek) (Entered: 04/02/2026)

Apr 02, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 02, 2026

Text Order

#4

Apr 07, 2026

Notice of Appearance

#5

Apr 08, 2026

Response (NOT Motion)

#6

Apr 09, 2026

Certification