District of New Jersey • 2:26-cv-03894

#1

Apr 13, 2026

Final PETITION for Writ of Habeas Corpus Release Immigration Detention ( Filing fee $ 5 receipt number BNJDC-17304217.), filed by Victor Manuel Rodriguez Dominguez. (Attachments: # 1 Text of Proposed Order Order To Show Cause, # 2 Memorandum Memorandum Of Law, # 3 Exhibit Exhibits, # 4 Civil Cover Sheet JS 044 Civil Cover Sheet, # 5 Certification Certificate of Service)(BASARAN, MELINDA) (Entered: 04/13/2026)

#2

Apr 14, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A bond hearing shall be conducted on or before April 15 at 5:00pm, unless by April 15 at noon, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882); and Ortega Alvarez v. Noem (2:25-cv-17401). The Respondents shall file a status update letter on or before April 16 at noon. In addition to what is set out above, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before 3:00pm on April 14. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 4/14/26. (ro, ) (Entered: 04/14/2026)

#3

Apr 14, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS SOTO. (BASIAK, JOHN) (Entered: 04/14/2026)

#4

Apr 14, 2026

DECLARATION of DFOD Perez by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS SOTO. (JUDKA, ALEXANDER) (Entered: 04/14/2026)

Apr 14, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 14, 2026

QC - Attorney Case Opening

Apr 14, 2026

Case Assigned to Judge Michael E. Farbiarz. (mfr)

Apr 14, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption, Parties must be entered in all upper-case letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Apr 14, 2026

Case Assigned/Reassigned

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Apr 15, 2026

Notice of Appearance

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Apr 15, 2026

Show Cause

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Apr 15, 2026

Exhibit (to Document)

#8

Apr 15, 2026

Letter

#9

Apr 16, 2026

TEXT ORDER: The Respondents shall file a response to the Petitioner's motion at ECF 6 on or before April 21 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 4/16/26. (ro, ) (Entered: 04/16/2026)

Apr 16, 2026

Set Deadlines as to 6 Final MOTION for Order to Show Cause Release Immigration Detention. Motion set for 5/18/2026 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, )

Apr 16, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Apr 16, 2026

Text Order

#10

Apr 21, 2026

Response in Opposition to Motion

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Apr 22, 2026

TEXT ORDER: The Petitioner has not carried his burden to establish that the immigration-court hearing was fundamentally unfair, largely for the reasons stated by the Respondents at ECF 10 . And there has been no misallocation of the burden here, largely for the reasons stated by the Respondents in that same letter. See id. at 4. There is no basis for further relief. The motion at ECF 6 is accordingly denied." So Ordered by Judge Michael E. Farbiarz on 4/22/26. (ro, ) (Entered: 04/22/2026)

#12

Apr 22, 2026

TEXT ORDER: A petition was filed, see ECF 1, a bail hearing was ordered, see ECF 2, and it was conducted. See ECF 8 . Therefore, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter, to be filed on or before April 24 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 4/22/26. (ro, ) (Entered: 04/22/2026)

Apr 22, 2026

Order on Motion to Show Cause

Apr 22, 2026

Text Order

#13

Apr 24, 2026

Brief

#14

Apr 27, 2026

Letter

#15

Apr 29, 2026

TEXT ORDER: The Respondents shall file a response to the Petitioner's filing at ECF 13 on or before May 4 at noon. So Ordered by Judge Michael E. Farbiarz on 4/29/26. (ro, ) (Entered: 04/29/2026)

Apr 29, 2026

Text Order

#16

Apr 30, 2026

Seal Document

#17

May 01, 2026

Letter

May 01, 2026

Set Deadlines as to 16 MOTION to Seal Document 14 Letter,, Exhibit. Motion set for 6/1/2026 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. (adc, )

May 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#18

May 04, 2026

Order on Motion to Seal Document

#19

May 05, 2026

TEXT ORDER: The Petitioner's request for relief at ECF 13 is denied, largely for the reasons set out by the Respondents at ECF 17 . So Ordered by Judge Michael E. Farbiarz on 5/5/26. (ro, ) (Entered: 05/05/2026)

#20

May 05, 2026

TEXT ORDER: A petition was filed, see ECF 1, a bail hearing was ordered, see ECF 2, and it was conducted. See ECF 8 . Therefore, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter, to be filed on or before May 8 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 5/5/26. (ro, ) (Entered: 05/05/2026)

May 05, 2026

Text Order

#21

May 08, 2026

Brief

#22

May 15, 2026

TEXT ORDER: The Petitioner represents that he has been detained since August 9, 2025, see ECF 21 at 2, and therefore invokes the Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001). See ECF 21 at 10. The Petitioner's period of detention exceeds the six months deemed "presumptively reasonable" in Zadvydas. See 533 U.S. at 701; see also Apr. 21, 2026 Text Order, Hamid v. Bondi, No. 2:26-cv-00835-MEF (D.N.J. Apr. 21, 2026) (ECF 18). The Petitioner shall therefore be released by May 18 at noon unless, on or before May 18 at 9:00am, the Respondents notify the Court that they intend to file a short letter brief explaining why the Petitioner should not be released. Should the Respondents opt to make such a filing, they must do so by May 20 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 5/15/26. (ro, ) (Entered: 05/15/2026)

May 15, 2026

Text Order

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May 17, 2026

Letter

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May 19, 2026

Letter

#25

May 21, 2026

TEXT ORDER: The Petitioner shall file a reply to the Respondents' letter at ECF 24 on or before May 26. The Petitioner's reply shall address the Respondents' discussion of Borbot v. Warden Hudson County Correctional Facility, 906 F.3d 274 (3d Cir. 2018). So Ordered by Judge Michael E. Farbiarz on 5/21/2026. (ro, ) (Entered: 05/21/2026)

May 21, 2026

Text Order

#26

May 26, 2026

Brief

#27

Jun 05, 2026

TEXT ORDER: The Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) is about "the constitutionality of detention for more than six months." Id. at 701. The Petitioner has been detained since August 2025 --- which is more than six months. See ECF 1 at 2. But the court of appeals has held that Zadvydas does not control where "a detainee... has been afforded the process contemplated by § 1226(a)." Borbot v. Warden Hudson Cnty Corr. Facility, 906 F.3d 274, 277 (3d Cir. 2018). And here, the Petitioner has twice "been afforded the process contemplated by § 1226(a)." See ECF 1 14; ECF 8 . Moreover, though there may be a point at which "detention under § 1226(a) might become unreasonably prolonged," Borbot, 906 F.3d at 280, the Third Circuit concluded in Borbot that detention for more than a year, see id. at 276, does not cross that outer limit. See id. at 280. The Petitioner's detention of less than a year therefore cannot be "unreasonably prolonged" under Borbot. The Petitioner has nevertheless argued that Borbot is distinguishable because he has not received the various protections associated with Section 1226 other than a bond hearing. See ECF 26 at 2-3. The Court is therefore inclined to order that the Petitioner receive those protections (aside from anything, like an initial review of detention, the time for which has passed). The Respondents shall file a letter on or before June 8 at 2:00pm raising any objections they might have to such an order. So Ordered by Judge Michael E. Farbiarz on 6/5/26. (ro, ) (Entered: 06/05/2026)

Jun 05, 2026

Text Order

#28

Jun 08, 2026

Letter

#29

Jun 15, 2026

TEXT ORDER: The Petitioner shall receive by June 17 at 5:00pm all of the protections associated with detention under Section 1226(a) (aside from anything, like an initial review of detention, the time for which has passed). See ECF 28 at 3 ("Respondents have no objection to Petitioner receiving any other protections he may have under 8 U.S.C. § 1226(a), such as a Form I-286"). The Respondents shall file a status update on or before June 18 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 6/15/26. (ro, ) (Entered: 06/15/2026)

Jun 15, 2026

Text Order

#30

Jun 17, 2026

Letter

#31

Jun 22, 2026

TEXT ORDER: If the Petitioner believes there are any additional protections he should receive associated with detention under Section 1226, he shall file a letter so describing on or before June 23 at noon. If no letter is received, the petition will promptly be dismissed. So Ordered by Judge Michael E. Farbiarz on 6/22/26. (ro, ) (Entered: 06/22/2026)

Jun 22, 2026

Text Order

#32

Jun 23, 2026

Brief

#33

Jun 26, 2026

TEXT ORDER: The Respondents shall file a response to the Petitioner's letter at ECF 32 on or before July 2 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 6/26/26. (ro, ) (Entered: 06/26/2026)

Jun 26, 2026

Text Order

#34

Jul 01, 2026

Letter

#35

Jul 21, 2026

TEXT ORDER: The Respondents indicate that the Petitioner has received all of the protections he is due under 8 U.S.C. § 1226(a). See ECF 34 at 3-4. If the Petitioner wishes to further pursue any of his constitutional claims, he shall file a letter on or before July 23 at 5:00pm so indicating. If no letter is filed, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 7/21/26. (ro, ) (Entered: 07/21/2026)

Jul 21, 2026

Text Order

#36

Jul 22, 2026

Brief

#37

Aug 06, 2026

TEXT ORDER: The request for relief at ECF 36 is denied. First, the distinctions the Petitioner invokes between this case and Borbot v. Warden Hudson County Correctional Facility, 906 F.3d 274 (3d Cir. 2018) are unpersuasive. Courts across this District have relied on Borbot to address due process claims pressed by similarly situated petitioners. See, e.g., Onuwa v. Field Office Director, 2026 WL 772435, at *2 (D.N.J. Mar. 19, 2026); Sotelo Salvatierra v. Warden, 2026 WL 2145609, at *2 (D.N.J. July 24, 2026); Garcia Baeza v. Soto, 2026 WL 1556792, at *2 (D.N.J. June 2, 2026). This Court will do the same. Second, the Court already concluded the Petitioner, who bears the burden, failed to establish the bond hearing he received was fundamentally unfair. See April 22, 2026 Text Order (ECF 11). The Petitioner has not come forward with any new facts (or pertinent legal authority) that would justify reaching a different conclusion today. Third, the Petitioner's arguments as to the I-286 form he received are unpersuasive, largely for the reasons stated on p.4 of the letter the Respondents filed on July 1. See Respondents' July 1, 2026 Status Update Letter (ECF 34) at 4. Fourth, the Petitioner has not carried his burden of establishing that he is entitled to relief on the basis of his pending U Visa application. He has not come forward with any authority suggesting that this Court (as opposed to USCIS) has the authority to evaluate whether or not he is prima facie eligible for a U Visa. Cf. 8 U.S.C. § 1226(e)("The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review."). Or any authority suggesting that the act of submitting a U Visa application, standing alone, can create an entitlement to habeas relief. If the Petitioner wishes to file a more fulsome argument as to his entitlement to relief based on his pending U Visa application, he shall file a short letter on or before August 7 at 5:00pm. If no letter is filed before the deadline, the petition will be promptly dismissed. If a letter is filed, the Court will promptly set a briefing schedule. So Ordered by Judge Michael E. Farbiarz on 8/6/26. (ro, ) (Entered: 08/06/2026)

Aug 06, 2026

Text Order

#38

Aug 07, 2026

Letter

#39

Aug 10, 2026

TEXT ORDER: The Petitioner shall file a letter brief on or before August 17 at 5:00pm. It shall address two points. First, whether the detention of individuals in the process of applying for U Visas is consistent with due process. See, e.g., Gonzalez v. Wesling, 2026 WL 1765871, at *4-8 (D.R.I. June 19, 2026). Second, whether ICE Policy No. 11005.4, as applied to individuals with pending U Visa applications, is arbitrary and capricious. See 5 U.S.C. § 706(2)(A); Immigr. Ctr. for Women & Child. v. Noem, 2026 WL 1455004, at *34-36 (C.D. Cal. May 20, 2026). The Respondents shall file a response on or before August 24 at 5:00pm. And the Petitioner shall file a reply on or before August 31 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 8/10/26. (ro, ) (Entered: 08/10/2026)

Aug 10, 2026

Text Order

#40

Aug 17, 2026

Brief

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Aug 23, 2026

Notice of Appearance

#42

Aug 24, 2026

Letter

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Aug 25, 2026

Letter

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Aug 26, 2026

Stipulation of Dismissal (aty)

#45

Aug 28, 2026

Stipulation and Order

Aug 28, 2026

Terminate Civil Case