District of New Jersey • 2:26-cv-04130

#1

Apr 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17323661.), filed by ELMER Y GONZALEZ CURRUCHICHE. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order, # 4 Text of Proposed Order, # 5 Brief, # 6 Notice of appearance, # 7 Civil Cover Sheet)(BELLO, STEPHANIE) (Entered: 04/18/2026)

Apr 18, 2026

Add and Terminate Judges

Apr 18, 2026

Judge Michael E. Farbiarz added. (jml, )

#2

Apr 19, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. 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 1:00pm on April 20. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this district. 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. The Court has on scores of occasions adjudicated claims that a non-citizen's detention violates the Immigration and Nationality Act --- because the non-citizen was improperly detained under 8 U.S.C. § 1225(b)(2) (which does not allow for a bond hearing hearing), and the lawful authority for their detention actually arose under § 1226(a) (which allows for bond hearings. See Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025); Buestan v. Chu, 2025 WL 2972252, at *1 (D.N.J. Oct. 21, 2025); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't, 2025 WL 3062791, at *2 (D.N.J. Nov. 3, 2025). But here, the Petitioner presses Due Process challenges and an APA challenge, rather than a statutory one. The Court has not addressed these issues in prior cases head-on, and the raise their own complexities. Accordingly, further briefing will be required. On or before April 21 at 5:00pm, the Petitioner shall file a supplemental brief with appropriate case citations and other legal authority supporting the position that his present detention without a bond hearing violates his rights under the Due Process Clause and the Administrative Procedure Act. See Petition (ECF 1) at 12-14 (pressing these counts). So Ordered by Judge Michael E. Farbiarz on 4/19/2026. (ro, ) (Entered: 04/19/2026)

#3

Apr 19, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,,, by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO. (BASIAK, JOHN) (Entered: 04/19/2026)

Apr 19, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 20, 2026

DECLARATION of Ruben Perez re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,,, by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO. (MAHONEY, MARGARET) (Entered: 04/20/2026)

#5

Apr 21, 2026

Notice of Appearance

#6

Apr 21, 2026

Extension of Time to File Answer

#7

Apr 21, 2026

TEXT ORDER: The Court is in receipt of the Petitioner's request for an extension of time at ECF 6 . The request is granted. The Petitioner shall file the briefing requested at ECF 2 on or before April 24 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 4/21/26. (ro, ) (Entered: 04/21/2026)

Apr 21, 2026

Text Order

#8

Apr 24, 2026

Amended Complaint

#9

Apr 24, 2026

Brief

#10

Apr 24, 2026

TEXT ORDER: In his amended petition, the Petitioner has argued that his present detention is in violation of the Immigration and Nationality Act. A bond hearing shall be conducted on or before April 28 at 10:00am, unless, by April 27 at 3:00pm, 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 29 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 4/24/26. (ro, ) (Entered: 04/24/2026)

Apr 24, 2026

Text Order

#11

Apr 27, 2026

Letter

#12

Apr 27, 2026

Letter

#13

Apr 28, 2026

Order

#14

Apr 28, 2026

Withdraw

Apr 29, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Apr 29, 2026

Set Deadlines as to 14 MOTION to Withdraw . 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, )

#15

Apr 30, 2026

Order on Motion to Withdraw

Apr 30, 2026

***Civil Case Terminated. (sms2)

Apr 30, 2026

Terminate Civil Case