District of New Jersey • 3:26-cv-03687

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK53832.), filed by LUIS ENRIQUE CUELLAR-PADILLA. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Envelope) (arm) (N/M) (Entered: 04/08/2026)

#2

Apr 07, 2026

MOTION for Temporary Restraining Order/OSC by LUIS ENRIQUE CUELLAR-PADILLA. (arm) (N/M) (Entered: 04/08/2026)

Apr 08, 2026

Notice of Judicial Preferences

Apr 08, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (arm) (N/M)

#3

May 06, 2026

Order to Answer

#4

May 20, 2026

Notice of Appearance

#5

May 20, 2026

Response to Habeas Petition

#6

May 20, 2026

Exhibit (to Document)

May 27, 2026

REPLY to Response re 5 Response to Habeas Petition. (Received via ADS)(kht)

May 28, 2026

Reply to Response (NOT Motion)

May 28, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, LUIS ENRIQUE CUELLAR-PADILLA has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (kht)

May 28, 2026

Notice of NEF Consent

#7

Jun 02, 2026

Seal

Jun 02, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 02, 2026

Set Deadlines as to 7 MOTION to Seal . Motion set for 7/6/2026 before Judge Robert Kirsch. 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. (arm)

#8

Jun 29, 2026

Miscellaneous Relief

Jun 29, 2026

Set Deadlines as to 8 MOTION to Expedite Ruling. Motion set for 7/20/2026 before Judge Robert Kirsch. 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. (dmr3)

Jun 29, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#9

Jul 21, 2026

Letter

#10

Aug 04, 2026

TEXT ORDER: Currently pending before the Court is a Petition for a writ of habeas corpus brought by LUIS ENRIQUE CUELLAR-PADILLA, who was arrested in the interior of the United States on September 10, 2025, and has been detained without the opportunity for bond while awaiting the outcome of his appeal to the Board of Immigration Appeals. (See ECF No. 5 at 1-2; ECF No. 9 at 3.) The Court has reviewed Petitioner's medical records (ECF No. 6 ) and finds that Petitioner's medical conditions, principally tooth pain, are not cognizable in habeas under Hope v. Warden, 972 F.3d 310, 324 (3d Cir. 2020), considering the treatment provided to him, and denies his request for release. In their answer, Respondents argue that Petitioner is lawfully detained under 8 U.S.C. § 1225(b)(1) (ECF No. 5 at 2-3). Considering the length of Petitioner's detention, the Court does not reach that issue and finds that his detention under § 1225(b) has become unduly prolonged. Courts in this District have applied the factors set forth in German Santos v. Warden Pike County Correctional Facility, 965 F.3d 203, 210 (3d Cir. 2020) in assessing whether detention has become unduly prolonged and thus violates a petitioner's due process rights. See, e.g., Farias-Ortega v. Soto, No. 25-17848 (RK), 2026 WL 1587300, at *4 (D.N.J. Jun. 3, 2026). Having considered the relevant factors, the Court GRANTS the Petition and orders the following relief: Within seven (7) days, Respondents shall provide Petitioner with a bond hearing at which DHS has the burden to show by clear and convincing evidence that Petitioner is a danger to the community or a flight risk. See German Santos, 965 F.3d at 213. It is further ORDERED that Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome and request to close this matter. The Order at ECF No. 3, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes, and the Motion to Expedite at ECF No. 8 shall be terminated. So Ordered by Judge Robert Kirsch on 08/04/2026. (pdm) (Entered: 08/04/2026)

#11

Aug 04, 2026

Order on Motion to Seal

Aug 04, 2026

Order on Motion for Miscellaneous Relief

#12

Aug 07, 2026

Letter

#13

Aug 10, 2026

Miscellaneous Relief

#14

Aug 10, 2026

Order of Dismissal

Aug 10, 2026

Set Deadlines as to 13 MOTION to Grant Habeas Petition and Order Immediate Release. Motion set for 9/8/2026 before Judge Robert Kirsch. 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. (dmr3)

Aug 10, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#15

Aug 26, 2026

Notice of Appeal (USCA Philadelphia)

#16

Aug 26, 2026

Appeal In Forma Pauperis

#17

Aug 26, 2026

Alter Judgment

Aug 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings