Active
Case Information
Filed: April 30, 2026
Assigned to:
Esther Salas
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 21, 2026
Parties:
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Docket Entries
#1
Apr 30, 2026
First PETITION for Writ of Habeas Corpus V. JASON BENZEL ET AL. ( Filing fee $ 5 receipt number ANJDC-17372234.), filed by ELEAZAR FRANCISCO HERNANDEZ CRUZ. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 30, 2026
First MOTION for Temporary Restraining Order V. JASON BENZEL ET AL. by ELEAZAR FRANCISCO HERNANDEZ CRUZ. (DUQUE-ISERN, STEPHANIE) (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
Emergent Immigration Habeas Non-transfer Order
Apr 30, 2026
Case Assigned to Judge Esther Salas. (mfr)
Apr 30, 2026
Case Assigned/Reassigned
#4
May 01, 2026
TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ).Pursuant to the All Writs Act, see28 U.S.C. § 1651(a),Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner Eleazar Francisco Hernandez Cruz, a citizen of Mexico, alleges that he entered the United States in February 2005. (Pet. at Para. 20). He alleges that he "established significant family and community ties in the United States" based on him raising three daughters who are U.S. Citizens, ages 19, 14, and 4, "who rely on him for emotional and financial support." (Id.). Immigration and Customs Enforcement ("ICE") arrested Petitioner at the Home Depot in Howell, New Jersey on or about April 29, 2026, and detained him at the Elizabeth Detention Center, where he remains detained. (Id. Para. 21). The Petition and Motion for a Temporary Restraining Order (see generally Pet.; see also D.E. No. 2 ("Motion")) are silent regarding Petitioner's criminal history. Accordingly, within 24 hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ) and Petitioner's Motion (D.E. No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 5/1/2026. (ek) (Entered: 05/01/2026)
#5
May 01, 2026
Letter from Petitioner re: Answer to the Court's Order and Request for Leave. (DUQUE-ISERN, STEPHANIE) (Entered: 05/01/2026)
Main Document:
Letter
May 01, 2026
Text Order
May 05, 2026
Text Order
#7
May 07, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#8
May 13, 2026
Letter
Main Document:
Letter
May 13, 2026
QC - Improper Appearance
May 21, 2026
Text Order
May 21, 2026
Terminate Civil Case
Parties
BENZEL
Party
HERNANDEZ CRUZ
Party