District of New Jersey • 2:26-cv-04869

LOPEZ VEINTIMILLA v. BLANCHE

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Case Information

Filed: April 30, 2026
Assigned to: Evelyn Padin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 11, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 30, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17372190.), filed by RICHARD DAVID LOPEZ VEINTIMILLA. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Exhibit)(MONTERO, FRANKLIN) (Entered: 04/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
Emergency MOTION for Temporary Restraining Order by RICHARD DAVID LOPEZ VEINTIMILLA. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 04/30/2026)
Main Document: Temporary Restraining Order
#3
Apr 30, 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 4/30/2026. (mfr) (Entered: 04/30/2026)
Apr 30, 2026
Case Assigned to Judge Evelyn Padin. (mfr)
Apr 30, 2026
Case Assigned/Reassigned
Apr 30, 2026
Emergent Immigration Habeas Non-transfer Order
#4
May 01, 2026
TEXT ORDER: Petitioner Richard David Lopez Veintimilla 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 five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) 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 (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)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under § 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 five (5) days of this order and file a written notice of Petitioner's release within 3 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).In addition, the Court DENIES as MOOT Petitioner's request for an order to show cause because the Court has enjoined Petitioner's transfer and ordered expedited resolution of his Petition. D.E. 2 . So Ordered by Judge Evelyn Padin on 5/1/2026. (bt) (Entered: 05/01/2026)
May 01, 2026
Text Order AND ~Util - Terminate Motions
#5
May 04, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
May 06, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#7
May 07, 2026
Letter
Main Document: Letter
#8
May 07, 2026
Letter
Main Document: Letter
#9
May 08, 2026
Letter
Main Document: Letter
May 11, 2026
Terminate Civil Case
May 11, 2026
Text Order

Parties

BLANCHE
Party
LOPEZ VEINTIMILLA
Party