District of New Jersey • 2:26-cv-04227

#1

Apr 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17333544.), filed by FAVIO JAIR ALVARADO FERNANDEZ. (Attachments: # 1 Supplement, # 2 Text of Proposed Order, # 3 Civil Cover Sheet, # 4 Exhibit ICE Locator)(CARDENAS, VERONICA) (Entered: 04/21/2026)

#2

Apr 21, 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 4/21/2026. (jml, ) (Entered: 04/21/2026)

Apr 21, 2026

Judge Claire C. Cecchi added. (jml, )

Apr 21, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 21, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The party roles should be Petitioner v. Respondent; 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, )

Apr 21, 2026

Add and Terminate Judges

Apr 21, 2026

QC - Attorney Case Opening

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Apr 23, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus and order to show cause. ECF Nos. 1, 1-1. Petitioner alleges that he is unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 2, 20, 44, 47-55. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (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 in accordance with 8 C.F.R. 236.1(c)(8) and (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, 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 of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). In light of the relief provided herein, Petitioner's application for an order to show cause, ECF No. 1-1, is DENIED as moot. So Ordered by Judge Claire C. Cecchi on 4/23/2026. (jl, ) (Entered: 04/23/2026)

Apr 23, 2026

Text Order

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Apr 30, 2026

Notice of Appearance

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Apr 30, 2026

Letter

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May 07, 2026

Letter

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May 21, 2026

Letter

#8

Jun 04, 2026

Letter

#9

Jun 05, 2026

TEXT ORDER-The Court is in receipt of Petitioner's letter advising the Court that he has been granted asylum by an Immigration Judge after bond was denied in a hearing ordered by this Court. ECF No. 8 . Petitioner writes he "remains detained despite having been granted protection in the United States." Id. Respondents are hereby ORDERED to reply to Petitioner's letter within three (3) days of the entry of this Order addressing this change in circumstances. Respondents shall also address why Petitioner should not be released from custody based on this change of circumstances. So Ordered by Judge Claire C. Cecchi on 6/5/2026. (jr) (Entered: 06/05/2026)

Jun 05, 2026

Order

#10

Jun 08, 2026

Letter