District of New Jersey • 3:26-cv-03553

#1

Apr 02, 2026

PETITION for Writ of Habeas Corpus (No Filing Fee or IFP Application submitted), filed by SERGIO MORALES MENDOZA. (Attachments: # 1 Exhibits A and B)(ld)(n/m) (Entered: 04/08/2026)

#2

Apr 10, 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 4/10/2026. (mfr) (Entered: 04/10/2026)

Apr 10, 2026

Filing fee: $ 5, receipt number 53862 (mfr)

#3

Apr 14, 2026

TEXT ORDER - Before the Court is Petitioner Sergio Morales Mendoza's ("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 Peru, who entered the United States and was subsequently released under 8 U.S.C. § 1226 authority, contends that he is unlawfully detained. (See ECF No. 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)(2), 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 4/14/2025. (kd) (Entered: 04/14/2026)

#4

Apr 15, 2026

Letter from United States Attorney's Office Request to Consolidate with Case No. 26-3770. (GONZALEZ, ALICIA) (Entered: 04/15/2026)

#5

Apr 15, 2026

NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT, ATTORNEY GENERAL, SECRETARY OF HOMELAND SECURITY (GONZALEZ, ALICIA) (Entered: 04/15/2026)

#6

Apr 15, 2026

TEXT ORDER - In light of the letter filed by Respondents at ECF No. 4 requesting the consolidation of this matter with Petitioner Sergio Morales Mendoza's ("Petitioner") counseled second filed Petition in Mendoza v. Bondi, No. 26-3770 (MAS), ECF No. 1, the Court's Text Order at ECF No. 3 on Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1 ) is hereby vacated. So Ordered by Judge Julien Xavier Neals on 4/15/2026. (kd) (Entered: 04/15/2026)

#7

Apr 15, 2026

TEXT ORDER REALLOCATING AND REASSIGNING CASE. Case reallocated to Trenton and reassigned to Judge Michael A. Shipp for all further proceedings. Judge Julien Xavier Neals no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 4/15/26. (ak, ) (Entered: 04/15/2026)

Apr 15, 2026

Text Order

Apr 15, 2026

Order Reassigning Case

#8

Apr 16, 2026

TEXT ORDER: This matter comes before the Court upon the Government's request to consolidate Docket Nos. 26-3553 and 26-3770. (See Docket No. 26-3770 at ECF No. 5.) The Court has reviewed both cases and finds that the two cases raise claims asserting essentially identical bases for relief. In addition, the cases involve the same Plaintiff who filed one case pro se and one through counsel. The Court GRANTS the Government's request. The Clerk of the Court shall consolidate Docket No. 26-3553 with Docket No. 26-3770. The Government shall file its response or provide Petitioner with a bond hearing within seven days of this Order and otherwise in accordance with this Court's prior order (ECF No. 4) in Docket No. 26-3770. Petitioner may file a reply within three days of any answer filed by the Government. Any and all future filings should be made ONLY in Docket No. 26-3770. The Court's order enjoining Petitioner's transfer out of New Jersey shall remain in place either until Petitioner receives a bond hearing or this Court resolves this matter. So Ordered by Judge Michael A. Shipp on 4/16/2026. (jab) (Entered: 04/16/2026)

Apr 16, 2026

***Civil Case Terminated. (jab)

Apr 16, 2026

Cases associated: Create association to 3:26-cv-03770-MAS. (jab)

Apr 16, 2026

Text Order

Apr 16, 2026

Create Case Association

Apr 16, 2026

Terminate Civil Case

#9

Apr 30, 2026

Mail Returned

#10

May 01, 2026

Mail Returned