District of New Jersey • 3:26-cv-04548

ESTRADA ESTRADA v. WARDEN OF ELIZABETH DETENTION CENTER

Completed

Case Information

Filed: April 24, 2026
Assigned to: Robert Kirsch
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 31, 2026
Last Activity: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 24, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17349094.), filed by BELARMINO ESTRADA ESTRADA. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit ICE Locator, # 5 Exhibit Automated Case Info, # 6 Exhibit ORR, # 7 Exhibit Birth Certficates, # 8 Exhibit Marriage Certificate, # 9 Exhibit Letter from Wife, # 10 Exhibit BIA order reopening, # 11 Exhibit IJ grant reopening, # 12 Exhibit IJ denial)(CARDENAS, VERONICA) (Entered: 04/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 24, 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 4/24/2026. (jml, ) (Entered: 04/24/2026)
Apr 24, 2026
Judge Robert Kirsch added. (jml, )
Apr 24, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 24, 2026
Notice of Judicial Preferences
Apr 24, 2026
Add and Terminate Judges
Apr 24, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )
#3
May 15, 2026
Show Cause
Main Document: Show Cause
May 15, 2026
Set Deadlines as to 3 MOTION for Order to Show Cause . Motion set for 6/15/2026 before Judge Robert Kirsch. 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. (kht)
May 15, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#4
Jun 16, 2026
TEXT ORDER: Petitioner Belarmino Estrada Estrada is a citizen of Guatemala who entered the United States as a minor in 2012 and was placed in the custody of the Office of Refugee Resettlement ("ORR"), which subsequently released him into the care of a sponsor in Fairview, New Jersey on March 28, 2012. (Petition at 1, 51.) His removal proceedings were allegedly re-opened, and he does not have a final order of removal. (Id. at 54-57.) He is a father of three United States citizen children and was arrested by Immigration and Customs Enforcement ("ICE") in Elmwood Park, New Jersey on or about April 23, 2026. (Id. at 58, 61.) He has filed a habeas Petition pursuant to 28 U.S.C. § 2241 challenging his detention without bond by immigration authorities who are purportedly detaining him under 8 U.S.C. § 1225(b). In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court found that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released from detention rather than paroled following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a)). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 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 she presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. Alternatively, if Respondents contend that this case is factually or legally distinguishable, 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 thereafter. The Text Order at ECF No. 2, which stays Petitioner's transfer, shall REMAIN IN EFFECT while this matter is pending, and the Motion for an Order to Show Cause at ECF No. 3 shall be terminated considering the relief provided. So Ordered by Judge Robert Kirsch on 06/16/2026. (pdm) (Entered: 06/16/2026)
Jun 16, 2026
Order on Motion to Show Cause
#5
Jun 29, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jun 29, 2026
Notice (Other)
Main Document: Notice (Other)
Jun 30, 2026
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case please choose each party individually. Do not select the "All Defendants" radio button. The Clerk's Office has made the appropriate changes (dmr3)
Jun 30, 2026
QC - Entry of Appearance
#7
Jul 31, 2026
TEXT ORDER: On June 29, 2026, Respondents notified the Court that the Immigration Court provided Petitioner with a bond hearing pursuant to this Court's Text Order dated June 16, 2026 (ECF No. 4), and ordered that Petitioner be released from custody on $25,000.00 bond. (ECF Nos. 6, 6 -1, Ex. 1 at 1 (June 23, 2026 Order of the Immigration Judge).) Because Petitioner has received the relief ordered by the Court, this matter shall be marked CLOSED. So Ordered by Judge Robert Kirsch on 07/31/2026. (pdm) (Entered: 07/31/2026)
Jul 31, 2026
Order of Dismissal