District of New Jersey • 1:26-cv-04984

#1

May 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17380665.), filed by GILMAR DA SILVA BATISTA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 05/04/2026)

#2

May 04, 2026

MOTION for Temporary Restraining Order by GILMAR DA SILVA BATISTA. (MINOGUE, ALEXANDRA) (Entered: 05/04/2026)

#3

May 04, 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 5/4/2026. (mfr) (Entered: 05/04/2026)

May 04, 2026

Case Assigned to Judge Karen M. Williams. (mfr)

May 04, 2026

Emergent Immigration Habeas Non-transfer Order

May 04, 2026

Case Assigned/Reassigned

#4

May 28, 2026

Letter

#5

May 29, 2026

TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and accompanying application for emergent relief filed by Petitioner Gilmar Da Silva Batista ("Petitioner"), who is presently detained at Delaney Hall Detention Facility. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Brazil who initially entered the United States in or around 2004 and has resided here for more than twenty years following his return to the United States. Petitioner alleges he is the father of two United States citizen children. Petitioner further alleges that, on May 1, 2026, he was arrested by Immigration and Customs Enforcement outside his residence and thereafter detained pursuant to 8 U.S.C. § 1225 despite his extended physical presence within the United States. Petitioner contends he is being unlawfully detained without an opportunity to seek an individualized custody redetermination in violation of the Due Process Clause of the Fifth Amendment. Petitioner further alleges that he suffers from neurological and cardiovascular medical conditions, and maintains that he is not receiving prescribed medications while detained in ICE custody, despite those medications having been prescribed as part of ongoing stroke-prevention treatment. (Id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before June 5, 2026, why the Petition should not be granted. Respondents shall additionally file, no later than Monday, June 1, 2026, a status report addressing Petitioner's allegations concerning the interruption or denial of prescribed medications and shall state what medical treatment and medications Petitioner is presently receiving while in custody. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on May 29, 2026. (Williams, Karen) (Entered: 05/29/2026)

May 29, 2026

Text Order

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Jun 01, 2026

Certificate of Service

#7

Jun 01, 2026

Notice of Appearance

#8

Jun 01, 2026

Response to Habeas Petition

#9

Jun 01, 2026

Exhibit (to Document)

#10

Jun 02, 2026

Reply to Response (NOT Motion)

#11

Jun 03, 2026

TEXT ORDER The Court has reviewed Respondents' Response (ECF No. 8), the Exhibits to the Response (ECF No. 9) and Petitioner's Reply (ECF No. 10). The Reply (ECF No. 10)raises new factual allegations concerning Petitioner's medical condition and treatment while in custody, including allegations of worsening neurological symptoms, significant weight loss, interruption of prescribed medications, and the inability to obtain adequate medical attention. Because the Court requires a more complete factual record before resolving the Petition and request for emergent relief, it is ORDERED that Respondents shall file, within seven (7) days of this Order, a supplemental response addressing the factual allegations raised in Petitioner's Reply (ECF No. 10); and it is further ORDERED that Respondents shall contemporaneously submit updated medical records concerning Petitioner's treatment and condition during his detention, including records generated since the filing of Respondents' prior opposition; and it is further ORDERED that Respondents shall submit a declaration from an appropriate medical professional currently responsible for, or familiar with, Petitioner's care at the detention facility. The declaration shall address, at a minimum: (1) Petitioner's current medical condition; (2) the medications and treatment presently being provided; (3) any changes to previously prescribed medications or treatment plans and the reasons for such changes; (4) any evaluation of Petitioner's reported weight loss, neurological symptoms, gastrointestinal complaints, and other medical concerns identified in the Reply; and (5) whether the facility is presently capable of providing medically appropriate care for Petitioner's diagnosed conditions. The Court reserves decision on the Petition and request for emergent relief pending review of the supplemental record. So Ordered by Judge Karen M. Williams on 6/3/26. (nar) (Entered: 06/03/2026)

Jun 03, 2026

Order

#12

Jun 10, 2026

Letter

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Jun 11, 2026

Letter

#14

Jun 12, 2026

Letter