District of New Jersey • 2:25-cv-17067

#1

Oct 30, 2025

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16782712.), filed by Jose Enmanuel REYES GUZMAN. (Attachments: # 1 Exhibit EXHIBIT A (Proof of entry prior to 09-19-1990), # 2 Exhibit EXHIBIT B (Proof of TPS Filing prior to 10-31-1991), # 3 Exhibit EXHIBIT C (Proof of Asylum filing prior to 01-31-1996), # 4 Civil Cover Sheet Civil Cover Sheet)(MAKABI, PERHAM) (Entered: 10/30/2025)

Oct 30, 2025

Case assigned to Judge Michael E. Farbiarz. (tjg, )

Oct 30, 2025

Case Assigned/Reassigned

#2

Oct 31, 2025

ORDER directing Petitioner to file proof of service on or before November 3 at noon; if service is perfected today, the Respondents shall file a response to the Petition on or before November 5 at 5:00 PM; if service is not perfected today, the Petitioner shall promptly alert the Court and another schedule will be set. Signed by Judge Michael E. Farbiarz on 10/31/2025. (sms2) (Entered: 10/31/2025)

#3

Oct 31, 2025

Certificate of Service

#4

Nov 05, 2025

Letter

#5

Nov 05, 2025

Notice of Appearance

#6

Nov 05, 2025

Temporary Restraining Order

#7

Nov 06, 2025

Order

#8

Nov 10, 2025

Response to Habeas Petition

Nov 10, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Nov 10, 2025

Set Deadlines as to 6 MOTION for Temporary Restraining Order and Preliminary Injunction. Motion set for 12/1/2025 before Judge Michael E. Farbiarz. 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. (lag, )

#9

Nov 12, 2025

Exhibit (to Document)

#10

Nov 13, 2025

Reply to Response to Motion

#11

Jan 14, 2026

TEXT ORDER: The Respondents shall indicate whether they contest as a factual matter the Petitioner's assertion that he did not receive notice of the relevant asylum interview. See Reply at 6-7 (Docket Entry 10). If they do not contest this factual assertion, the Respondents shall file a very brief letter saying so, on or before January 20 at 10:00am. If they do contest the Petitioner's factual assertion, the Respondents shall file an appropriately detailed factual declaration on or before January 20 at 10:30am, signed by a declarant with sufficient personal knowledge and explaining the factual basis for the Respondents' view. So Ordered by Judge Michael E. Farbiarz on 1/14/26. (ro, ) (Entered: 01/14/2026)

Jan 14, 2026

Order

#12

Jan 16, 2026

Letter

#13

Jan 16, 2026

Letter

#14

Jan 20, 2026

Order

#15

Jan 26, 2026

TEXT ORDER: Whether, after the Court of Appeals' decision in Khalil v. President, United States of America, 2026 WL 111933 (3d Cir. Jan. 15, 2026), the Court has habeas jurisdiction in a certain class of cases is an issue now being briefed in another case. See Aygun v. Soto, 2026 WL 136151, at *1 (D.N.J. Jan. 16, 2026). On or before January 26 at 11:59pm, the Respondents shall indicate whether its habeas jurisdiction arguments in Aygun v. Soto are different in any meaningful way from any habeas jurisdiction arguments that might be relevant in this case. The Petitioner shall file a letter brief on or before January 30 at noon indicating whether, after the Court of Appeals' Khalil decision, the Court has habeas jurisdiction in this case. So Ordered by Judge Michael E. Farbiarz on 1/26/2026. (ro, ) (Entered: 01/26/2026)

#16

Jan 26, 2026

Declaration

#17

Jan 26, 2026

Letter

Jan 26, 2026

Text Order

#18

Jan 29, 2026

Letter

#19

Jan 30, 2026

TEXT ORDER: The Respondents shall file a letter brief on or before February 2 at 10:00am. It shall answer two questions in detail and with full reference to the governing caselaw. First, whether a federal court of appeals considering a petition for review after the Board of Immigration Appeals issues a final order of removal can consider whether the immigration courts should have treated the relevant petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) and therefore as eligible for a bail hearing. Second, and relatedly, whether any decision of the immigration courts to treat a petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) "is a 'matter[ ] on which the validity of the final order [of removal entered by the BIA] is contingent.'" Khalil v. President, United States, 2026 WL 111933, at *10 (3d Cir. Jan 15, 2026) (quoting Massieu v. Reno, 91 F.3d 416, 422 (3d Cir. 1996)). If yes, the Respondents shall explain why this is so. If no, the Respondents shall explain why this is not so --- and also what the implications of that are for whether 8 U.S.C. § 1252(b)(9) strips habeas jurisdiction from district courts asked to consider whether a detained noncitizen purportedly covered by 8 U.S.C. § 1225(b)(2) should be treated as covered by 8 U.S.C. § 1226(a). (The briefing to this point from the Respondents has been glancing, and not commensurate with the "complex[ity]" of this issue, as they have described it. See Aygun v. Soto (2:25-cv-18540-MEF) at ECF 14. It is imperative that the letter brief due to be filed on Monday be a sustained treatment of the relevant legal issues.) The Petitioner is free to weigh in on the issues described here, by means of a letter brief to be filed on or before February 3 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 1/30/2026. (ro, ) (Entered: 01/30/2026)

Jan 30, 2026

Text Order

#20

Feb 01, 2026

Letter