District of New Jersey • 3:26-cv-03823

#1

Apr 10, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17298648.), filed by KELMYN O MARTINEZ GUERRERO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 04/10/2026)

#2

Apr 11, 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 4/11/2026. (jml, ) (Entered: 04/11/2026)

Apr 11, 2026

QC - Attorney Case Opening

Apr 11, 2026

Add and Terminate Judges

Apr 11, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 11, 2026

Notice of Judicial Preferences

Apr 11, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )

Apr 11, 2026

Judge Robert Kirsch added. (jml, )

Apr 11, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please use 28:2241 Petition for Writ of Habeas Corpus (federal) as the cause of action; the party role should be Respondent, not Defendant; addresses were listed on docket and should not be; and please make sure to include the Respondent descriptions in the PARTY TEXT field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

#3

Apr 16, 2026

Exhibit (to Document)

#4

May 22, 2026

Letter

#5

May 22, 2026

Letter

May 22, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 5 Letter submitted by Noemi Simbron on 5/22/2026 appear to be duplicates of docket entry 4 . These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (kht)

May 22, 2026

QC - Duplicate Filings

#6

May 28, 2026

TEXT ORDER: Petitioner KELMYN O. MARTINEZ GUERRERO is a citizen of Guatemala, who has been living in the United States since approximately 2012 and is the father of a United States citizen child. (ECF No. 1, Petition at 28-29.) He was arrested by Immigration and Customs Enforcement ("ICE") on April 8, 2026, near his home in New Jersey. (Id. at 30.) Petitioner has filed a habeas Petition pursuant to 28 U.S.C. § 2241 challenging his detention by immigration authorities. The Chief Judge entered a Text Order staying his transfer (ECF No. 2), which shall remain in effect while this case is pending. In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court found that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 7 days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner's counsel shall have notice of the bond hearing, a reasonable 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 of that hearing with this Court and request to close this matter. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. The Court has also reviewed the letters submitted by Petitioner's counsel at ECF Nos. 4 - 5, but the allegations are not specific to Petitioner or supported by sufficient evidence. So Ordered by Judge Robert Kirsch on 05/28/2026. (pdm) (Entered: 05/28/2026)

May 28, 2026

Text Order

#7

Jun 03, 2026

Notice of Appearance

#8

Jul 10, 2026

Letter

#9

Jul 13, 2026

TEXT ORDER: The Court is in receipt of Government counsel's letter. (ECF No. 8 .) Per the letter, Government counsel has indicated that at Petitioner's bond hearing last month, he agreed to "pre-conclusion voluntary departure" and was ordered to depart the country by July 16, 2026. (Id.) In order to comply with the Immigration Judge's Order, the Court VACATES the transferring injunction prohibiting Petitioner's removal from New Jersey. (ECF No. 2.) The Clerk is directed to CLOSE this case. So Ordered by Judge Robert Kirsch on 07/13/2026. (pdm) (Entered: 07/13/2026)

Jul 13, 2026

Order of Dismissal