District of New Jersey • 2:26-cv-03699

#1

Mar 17, 2026

Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20015686, filed by O.G.C.. (Attachments: # 1 Exhibit A - CFI, # 2 Exhibit B - NTA, # 3 Exhibit C - I-220A Supervision, # 4 Exhibit D - EAD approval, # 5 Exhibit E - Admin closure order, # 6 Exhibit F - I200 warrant, # 7 Exhibit G - DHS motion to recalendar, # 8 Civil Cover Sheet) (Lampert, Alexandra) (Entered: 03/17/2026)

#2

Mar 17, 2026

MOTION to Seal and to proceed via pseudonym by O.G.C.. (Attachments: # 1 Proposed Order for leave to proceed under pseudonym LSM) (Lampert, Alexandra) (Entered: 03/17/2026)

#3

Mar 18, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 03/18/2026)

#4

Mar 18, 2026

NOTICE of Appearance by Kathleen Anne Mahoney on behalf of Pam Bondi, Kenneth Genalo, Todd Lyons, Raul Maldonado, Jr, Kristi Noem (aty to be noticed) (Mahoney, Kathleen) (Entered: 03/18/2026)

Mar 18, 2026

Case Assigned to Judge Diane Gujarati. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV)

Mar 18, 2026

ORDER TO SHOW CAUSE: By 5:00 p.m. on March 23, 2026, Respondents shall show cause in writing why a writ of habeas corpus should not be issued, see ECF No. 1 ("Emergency Petition for Writ of Habeas Corpus"), and shall file (under seal if necessary) any documents from Petitioner's immigration file relevant to the issues raised in the Petition. Petitioner shall file a reply, if any, by 5:00 p.m. on March 25, 2026. The Clerk of Court is directed to email a copy of this Order to the United States Attorney for the Eastern District of New York. Ordered by Judge Diane Gujarati on 3/18/2026. (AD)

#5

Mar 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Pam Bondi, Kenneth Genalo, Todd Lyons, Raul Maldonado, Jr, Kristi Noem (Attachments: # 1 Declaration) (Mahoney, Kathleen) (Entered: 03/23/2026)

#6

Mar 25, 2026

REPLY in Support of Petition for Writ of Habeas Corpus filed by O.G.C.. (Attachments: # 1 Exhibit I - Detainee locator screenshots, # 2 Exhibit J - Notice of Custody Determination) (Lampert, Alexandra) (Entered: 03/25/2026)

Mar 30, 2026

ORDER: By April 1, 2026, Respondents shall file a response to that portion of Petitioner's March 25, 2026 letter, ECF No. 6, that addresses the issue of the Court's jurisdiction. Ordered by Judge Diane Gujarati on 3/30/2026. (BLC)

#7

Apr 01, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Pam Bondi, Kenneth Genalo, Todd Lyons, Raul Maldonado, Jr, Kristi Noem (Mahoney, Kathleen) (Entered: 04/01/2026)

#8

Apr 07, 2026

ORDER: As set forth in the attached Order, the Clerk of Court is directed to transfer this action to the United States District Court for the District of New Jersey and to close this case. The provision of Local Civil Rule 83.1 requiring a seven-day delay between a transfer order and the effectuation of the transfer is waived. SEE ATTACHED ORDER. Ordered by Judge Diane Gujarati on 4/7/2026. (AD) (Entered: 04/07/2026)

Apr 07, 2026

Case transferred to District of District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.( Extract Civil Case due by 4/14/2026.) (AIH)

#9

Apr 08, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:26-cv-01588. Original file certified copy of transfer order and docket sheet received. (Entered: 04/08/2026)

#10

Apr 08, 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 4/8/2026. (jjc, ) (Entered: 04/08/2026)

#11

Apr 08, 2026

NOTICE of Appearance by ILANA R. HERR on behalf of O.G.C. (HERR, ILANA) (Entered: 04/08/2026)

Apr 08, 2026

Add and Terminate Judges

Apr 08, 2026

Order

Apr 08, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 08, 2026

Judge Julien Xavier Neals added. (jjc, )

#12

Apr 09, 2026

TEXT ORDER - Before the Court is Petitioner O.G.C. ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of El Salvador, who entered the United States without inspection in 2012, contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Shortly after entry, Petitioner presented himself to immigration authorities and was ultimately released on his own recognizance. (Id. at 6.) According to the Petition, Petitioner was not placed on humanitarian parole under 8 U.S.C. § 1225(b)(1). Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b) and have still failed to provide him with the individualized bond hearing to which he is entitled. The Court will no longer correct Respondents' unlawful application of § 1225(b)(2) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting Petitioner's habeas petition and ordering Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b), which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 4/9/2026. (kd) (Entered: 04/09/2026)

#13

Apr 09, 2026

Amend/Correct

#14

Apr 09, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of PAM BONDI, KENNETH GENALO, TODD LYONS, Raul Maldonado, Jr, KRISTI NOEM (LASERNA, JESSICA) (Entered: 04/09/2026)

Apr 09, 2026

Text Order

Apr 10, 2026

Text Order