Completed
Case Information
Filed: April 29, 2026
Assigned to:
Evelyn Padin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 30, 2026
Last Activity:
April 30, 2026
Parties:
View All Parties →
Docket Entries
#1
Apr 29, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17364422.), filed by FERNANDO JESUS MESIAS-HERVIAS. (Attachments: # 1 Civil Cover Sheet JS 44 FORM, # 2 Text of Proposed Order HABEAS ORDER, # 3 Text of Proposed Order ORDER TO SHOW CAUSE)(SANTANA, JOSE) (Entered: 04/29/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 29, 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 4/29/2026. (jr) (Entered: 04/29/2026)
#3
Apr 29, 2026
TEXT ORDER: Petitioner Fernando Jesus Mesias-Hervias filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within seven days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within seven days of this order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 4/29/2026. (bt) (Entered: 04/29/2026)
#4
Apr 29, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (KAPLAN, SARINA) (Entered: 04/29/2026)
Main Document:
Notice of Appearance
#5
Apr 29, 2026
Letter from U.S. Attorney's Office re Petitioner's Release re 3 Text Order,,,,,,,. (KAPLAN, SARINA) (Entered: 04/29/2026)
Main Document:
Letter
Apr 29, 2026
Case assigned to Judge Evelyn Padin. (jr)
Apr 29, 2026
Text Order
Apr 29, 2026
Case Assigned/Reassigned
Apr 29, 2026
Emergent Immigration Habeas Non-transfer Order
#6
Apr 30, 2026
TEXT ORDER: This Court granted Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to release Petitioner within seven days of its order. D.E. 3 . The Court has reviewed the Government's status update, D.E. 5, apprising the Court that Petitioner was released on 4/29/2026. Accordingly, this matter is CLOSED. So Ordered by Judge Evelyn Padin on 4/30/2026. (bt) (Entered: 04/30/2026)
Apr 30, 2026
***Civil Case Terminated. (wh)
Apr 30, 2026
Terminate Civil Case
Apr 30, 2026
Text Order
Parties
MESIAS-HERVIAS
Party
MULLIN
Party