District of New Jersey • 2:26-cv-04243

#1

Apr 22, 2026

Emergency PETITION for Writ of Habeas Corpus and Immediate Release ( Filing fee $ 5 receipt number ANJDC-17334617.), filed by FILADELFO LOPEZ LOPEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Index Index of Exhibits, # 3 Exhibit Ex. A - NTA, # 4 Exhibit Ex. B - Birth certificates of children, # 5 Exhibit Ex. C - Marriage certificate, # 6 Exhibit Ex. D - Letters of Support, # 7 Exhibit Ex. E - Medical records of daughter, # 8 Exhibit Ex. F - Politico article, # 9 Exhibit Ex. G - Law360 article, # 10 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Main Document 1 replaced on 4/22/2026) (mfr). (Entered: 04/22/2026)

#2

Apr 22, 2026

Emergency MOTION for Temporary Restraining Order and Immediate Release by FILADELFO LOPEZ LOPEZ. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum Legal Memo for TRO, # 3 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 04/22/2026)

#3

Apr 22, 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 4/22/2026. (mfr) (Entered: 04/22/2026)

#4

Apr 22, 2026

TEXT ORDER: Before the Court is Petitioner Filadelfo Lopez Lopez'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) and a Motion for Temporary Restraining Order ("TRO") (ECF No. 2). Petitioner, a native of Mexico, entered the United States without inspection in 2002. (See generally ECF No. 1.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See id.) Based on this Court's statutory interpretation in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 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)(2) and have still failed to provide Petitioner with the individualized bond hearing that he is entitled to. The Court will not 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 in 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 further ORDERED that Petitioner's TRO Motion (ECF No. 2) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Sandhu, 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 Brian R. Martinotti on 04/22/2026. (lr, ) (Entered: 04/22/2026)

#5

Apr 22, 2026

Notice of Appearance

#6

Apr 22, 2026

Status Report

Apr 22, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 22, 2026

QC - Attorney Case Opening

Apr 22, 2026

QC - Fillable PDF

Apr 22, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action should be 28:2241 Petition for Habeas Corpus (Federal),Party Information: Party addresses should not be entered for non pro se parties . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Apr 22, 2026

CLERK'S QUALITY CONTROL MESSAGE - The Emergency Petition filed by Petitioner on 4/22/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mfr )

Apr 22, 2026

Case Assigned to Judge Brian R. Martinotti. (mfr)

Apr 22, 2026

Text Order

Apr 22, 2026

Case Assigned/Reassigned

Apr 23, 2026

Text Order

Apr 24, 2026

Terminate Civil Case