District of New Jersey • 2:26-cv-03566

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Apr 03, 2026

First PETITION for Writ of Habeas Corpus 2:26-cv-03566 ( Filing fee $ 5 receipt number ANJDC-17273160.), filed by VITALINO FRANCO MEMBRENO. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Certificate of Service, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet)(BRUCKI, MICHAEL) (Entered: 04/03/2026)

#2

Apr 03, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Esther Salas on 4/3/2026. (ps) (Entered: 04/03/2026)

Apr 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information. When adding parties no need to include addresses. The correct party roles are petitioner vs. respondent when filing Petitions for Writ of Habeas Corpus. Please make note of this for future filings. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Apr 03, 2026

Case Assigned/Reassigned

Apr 03, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 03, 2026

Case Assigned to Judge Esther Salas. (ps)

Apr 03, 2026

QC - Attorney Case Opening

Apr 04, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Enter all the parties as listed in the petition. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

Apr 04, 2026

QC - Attorney Case Opening

#3

Apr 06, 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")). 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 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 December 2004, Petitioner entered the United States, and he has resided continuously in this country for over twenty years; (ii) Petitioner is the biological father of two U.S. citizen children and has a U.S. citizen stepdaughter, one of his biological children previously suffered lead poisoning that has resulted in medical and developmental complications, and his stepdaughter requires ongoing medical care; (iii) Petitioner has no criminal record and has consistently paid taxes; and (iv) on January 12, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers. (Pet. at paras 11-18). 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 ), the attachments to the Petition (D.E. Nos. [1-1] through [1-9]), 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 4/6/2025. (ps) (Entered: 04/06/2026)

Apr 06, 2026

Text Order

#4

Apr 14, 2026

Notice of Appearance

#5

Apr 15, 2026

Notice (Other)