District of New Jersey • 1:26-cv-03591

LANDAVERDE PEREZ v. SOTO

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Case Information

Filed: April 04, 2026
Assigned to: Edward S. Kiel
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 08, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 04, 2026
First PETITION for Writ of Habeas Corpus v. Soto, et al., ( Filing fee $ 5 receipt number ANJDC-17274392.), filed by OSCAR ERNESTO LANDAVERDE PEREZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 04, 2026
First MOTION for Temporary Restraining Order v. Soto, et al., by OSCAR ERNESTO LANDAVERDE PEREZ. (DUQUE-ISERN, STEPHANIE) (Entered: 04/04/2026)
Main Document: Temporary Restraining Order
#3
Apr 04, 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 4/4/2026. (jml, ) (Entered: 04/04/2026)
Apr 04, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 04, 2026
Add and Terminate Judges
Apr 04, 2026
Judge Edward S. Kiel added. (jml, )
#4
Apr 06, 2026
TEXT ORDER: According to petitioner, respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225. (ECF No. 1 pp. 8, 9.) I conclude 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 Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880, D.N.J. Oct. 30, 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 monitoring or reporting conditions; (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 Ayala Amaya is factually distinguishable, they shall file an expedited answer to the Petition by April 9, 2026, and petitioner shall file any reply by April 13, 2026. So Ordered by Judge Edward S. Kiel on 4/6/2026. (gn) (Entered: 04/06/2026)
#5
Apr 06, 2026
Letter
Main Document: Letter
Apr 06, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Apr 06, 2026
Text Order
Apr 06, 2026
Set Deadlines as to 2 First MOTION for Temporary Restraining Order v. Soto, et al. Motion set for 5/4/2026 before Judge Edward S. Kiel. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms2)
Apr 08, 2026
Order of Dismissal

Parties

LANDAVERDE PEREZ
Party
SOTO
Party