District of New Jersey • 2:26-cv-03825

#1

Apr 11, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17298822.), filed by STIVEN XAVIER VASQUEZ MONSERRATE. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/11/2026)

#2

Apr 11, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by STIVEN XAVIER VASQUEZ MONSERRATE. (DUQUE-ISERN, STEPHANIE) (Entered: 04/11/2026)

#3

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

Add and Terminate Judges

Apr 11, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 11, 2026

Judge Esther Salas added. (jml, )

#4

Apr 13, 2026

TEXT ORDER : This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Petitioner also requests an order to show cause ("OTSC") directing Respondents to show why the Petitioner should not be granted and has filed a motion for a temporary restraining order ("TRO") enjoining Respondents from continuing his unlawful detention and from removing him from New Jersey or the United States pending adjudication of his Petition. (See id.at 12; D.E. No. 2 ("Motion for TRO")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Petitioner's transfer from New Jersey pending further Order of the Court. (D.E. No. 3 ). Pursuant to the All Writs Act,see28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. The request for OTSC and the Motion for TRO are DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . Based on the Petition, the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond. Specifically, it appears that, inter alia: (i) in or about August 2023, Petitioner entered the United States lawfully on a visa and has continuously resided in the United States since his entry; (ii) Petitioner has strong family ties in the United States, including a sister and lawful permanent resident nephews with whom he resides, as well as a U.S. citizen partner; (iii) Petitioner has no criminal history; and (iv) on April 9, 2026, in the interior of the United States, Petitioner was detained by immigration officers while driving home in the vicinity of Orange and West Orange, New Jersey. (Pet. Paras. 1, 20-25);see also De Sousa v. Soto, No. 25-18734, 2026 WL 102946, at *2 (D.N.J. Jan. 14, 2026) (stating that it was undisputed that petitioner who overstayed his B-2 visa was detained under "§ 1226(a)'s discretionary authority" (citation omitted));M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *1 (D.N.J. Dec. 19, 2025) ("Petitioner avers that he has resided in the United States for nearly two decades,originally entering the country on a student visa, and has 'never been arrested or charged with any crimes.' These facts, which the Court credits in the absence of any contrary evidence, shows that Petitioner may only be detained under 8 U.S.C. § 1226(a)." (emphasis added) (footnote omitted) (citation omitted)). In accordance with 8 U.S.C. § 1226(a), within ten (10) 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). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner is not subject to detention under § 1226(a), they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of Court shall forward a copy of the Petition (D.E. No. 1 ), the attachment to the Petition (D.E. No. 1 -1), the Motion for TRO (D.E. No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address:USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 4/13/2026. (ek) (Entered: 04/13/2026)

Apr 13, 2026

Text Order

#5

Apr 14, 2026

Withdraw

#6

Apr 14, 2026

Notice of Appearance

#7

Apr 15, 2026

Order on Motion to Withdraw

Apr 15, 2026

Terminate Civil Case

Apr 15, 2026

Set/Reset Motion and R&R Deadlines/Hearings