District of New Jersey • 1:26-cv-04706

PORTILLO LOPEZ v. BENZEL

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Case Information

Filed: April 28, 2026
Assigned to: Edward S. Kiel
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 01, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
First PETITION for Writ of Habeas Corpus v. Benzel, at al., ( Filing fee $ 5 receipt number ANJDC-17360873.), filed by LUIS ALFREDO PORTILLO LOPEZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 28, 2026
First MOTION for Temporary Restraining Order v. Benzel, et al., by LUIS ALFREDO PORTILLO LOPEZ. (DUQUE-ISERN, STEPHANIE) (Entered: 04/28/2026)
Main Document: Temporary Restraining Order
#3
Apr 28, 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 4/28/2026. (jml, ) (Entered: 04/28/2026)
Apr 28, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 28, 2026
Add and Terminate Judges
Apr 28, 2026
Judge Edward S. Kiel added. (jml, )
#4
Apr 29, 2026
TEXT ORDER: According to petitioner, respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225. (ECF No. 1 pp. 2, 6, 7.) I preliminarily conclude that petitioner is being unlawfully detained under 8 U.S.C. §1225 because petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880, D.N.J. Oct. 30, 2025). If respondents contend that Ayala Amaya is factually distinguishable, they shall file an expedited answer to the Petition within 3 days of this Order, and petitioner shall file any reply within 3 days of the answer. Otherwise, respondents shall RELEASE petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. So Ordered by Judge Edward S. Kiel on 4/29/2026. (gn) (Entered: 04/29/2026)
Apr 29, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Apr 29, 2026
Text Order
Apr 29, 2026
Set Deadlines as to 2 First MOTION for Temporary Restraining Order v. Benzel, et al. Motion set for 6/1/2026 before Judge Edward S. Kiel. 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. (sms2)
#5
Apr 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Apr 30, 2026
Letter
Main Document: Letter
May 01, 2026
Order of Dismissal

Parties

BENZEL
Party
PORTILLO LOPEZ
Party