District of New Jersey • 2:26-cv-03728

CABRERA HERRERA v. SOTO

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Case Information

Filed: April 09, 2026
Assigned to: Susan Davis Wigenton
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 09, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 09, 2026
First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17290231.), filed by ROGER ARMANDO CABRERA HERRERA. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 09, 2026
First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by ROGER ARMANDO CABRERA HERRERA. (DUQUE-ISERN, STEPHANIE) (Entered: 04/09/2026)
Main Document: Temporary Restraining Order
#3
Apr 09, 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 4/9/26. (tjg, ) (Entered: 04/09/2026)
#4
Apr 09, 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 at 10-13). This Court concludes 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 Patel v. Almodovar, No. 25-cv-1534, 2025 WL 3012323 (D.N.J. Oct. 28, 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 conditions (such as ankle monitors or electronic tracking devices); (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 Patel is factually distinguishable, they shall file an expedited answer to the Petition by April 14, 2026, and petitioner shall file any reply by April 17, 2026. So Ordered by Judge Susan D. Wigenton on 4/9/2026. (cds) (Entered: 04/09/2026)
#5
Apr 09, 2026
NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (MAGGIO, KEVIN) (Entered: 04/09/2026)
Main Document: Notice of Appearance
#6
Apr 09, 2026
Letter from Respondents re: Petitioner's Release from ICE Custody. (MAGGIO, KEVIN) (Entered: 04/09/2026)
Main Document: Letter
Apr 09, 2026
Text Order
Apr 09, 2026
Case Assigned/Reassigned
Apr 09, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 09, 2026
Case assigned to Judge Susan D. Wigenton. (tjg, )

Parties

CABRERA HERRERA
Party
SOTO
Party