District of New Jersey • 3:25-cv-18779

#1

Dec 18, 2025

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16925885.), filed by BEYKER ORTIZ MORENO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Memorandum)(VOSBIKIAN, STEVEN) (Entered: 12/18/2025)

Dec 19, 2025

Case Assigned/Reassigned

Dec 19, 2025

Case assigned to Judge Robert Kirsch. (jr)

#2

Jan 30, 2026

First MOTION for Order to Show Cause by BEYKER ORTIZ MORENO. (VOSBIKIAN, STEVEN) (Entered: 01/30/2026)

#3

Feb 02, 2026

Second MOTION for Order to Show Cause by BEYKER ORTIZ MORENO. (VOSBIKIAN, STEVEN) (Entered: 02/02/2026)

Feb 02, 2026

Set Deadlines as to 2 First MOTION for Order to Show Cause . Motion set for 3/2/2026 before Judge Robert Kirsch. 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. (mlh)

Feb 02, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 03, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 03, 2026

Set Deadlines as to 3 Second MOTION for Order to Show Cause . Motion set for 3/2/2026 before Judge Robert Kirsch. 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. (mlh)

#4

Feb 06, 2026

TEXT ORDER: Petitioner BEYKER ORTIZ MORENO has filed a habeas petition alleging that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). Petitioner is a citizen of Venezuela who allegedly entered the United States without inspection and is in asylum proceedings. (ECF No. 1, Petition at 17-23.) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from his current detention facility while this habeas proceeding is pending. Respondents shall submit a written status update by Monday, February 9, 2026, providing the name and address of Petitioner's current detention facility. So Ordered by Judge Robert Kirsch on 02/06/2026. (pdm) (Entered: 02/06/2026)

Feb 06, 2026

Text Order

#5

Feb 09, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney MARGARET ANN MAHONEY for PAM BONDI,MARGARET ANN MAHONEY for ALINA HABBA,MARGARET ANN MAHONEY for TODD LYONS,MARGARET ANN MAHONEY for KRISTI NOEM,MARGARET ANN MAHONEY for JOHN TSOUKARIS added.. (MAHONEY, MARGARET) (Entered: 02/09/2026)

#6

Feb 09, 2026

Letter from Respondents respectfully providing the court with Petitioner's current location. (MAHONEY, MARGARET) (Entered: 02/09/2026)

#7

Feb 12, 2026

Letter from Respondents respectfully providing the court with a bond hearing update. (Attachments: # 1 Exhibit 1 - IJ Bond Order)(MAHONEY, MARGARET) (Entered: 02/12/2026)

#8

Feb 18, 2026

TEXT ORDER: Considering Respondents' Letter dated February 12, 2026 informing the Court that Petitioner was provided with an individualized bond hearing (ECF No. 7 ), the motions pending at ECF Nos. 2 and 3 shall be terminated and the matter shall be marked CLOSED. So Ordered by Judge Robert Kirsch on 02/19/2026. (pdm) (Entered: 02/18/2026)

#9

Feb 18, 2026

CLOSED as per text order at ECF No. 8. (pdm) (Entered: 02/18/2026)

#10

Feb 18, 2026

AMENDED COMPLAINT against PAM BONDI, ALINA HABBA, TODD LYONS, KRISTI NOEM, JOHN TSOUKARIS, nefpsRK, plc, filed by BEYKER ORTIZ MORENO. (Attachments: # 1 Exhibit, # 2 Memorandum, # 3 Memorandum, # 4 Civil Cover Sheet)(VOSBIKIAN, STEVEN) (Entered: 02/18/2026)

Feb 18, 2026

Order of Dismissal

Feb 18, 2026

Order on Motion to Show Cause AND Order on Motion to Show Cause

#11

Feb 19, 2026

First MOTION to Reopen Case by BEYKER ORTIZ MORENO. (VOSBIKIAN, STEVEN) (Entered: 02/19/2026)

#12

Feb 19, 2026

TEXT ORDER: Currently Pending before the Court is a Motion to Reopen this matter and an Amended Petition, which adds a claim challenging the bond hearing provided to Petitioner by the Immigration Court. (ECF Nos. 11, 10 .) The Court GRANTS the motion to reopen and will address the Amended Petition. Petitioner also filed a Motion for a Temporary Restraining Order ("TRO Motion") (ECF Nos. 1-2, 1-3) seeking his immediate release from detention or a bond hearing at which the government bears the burden of proving he is a flight risk or a danger to the community. The Court DENIES WITHOUT PREJUDICE the TRO Motion because Petitioner has not shown a likelihood of success on the merits of his claim in light of binding Third Circuit precedent. See Borbot v. Warden Hudson Cnty. Correctional Facility, 906 F.3d 274 (3d Cir. 2018). The government shall file a response to the Amended Petition within 7 days along with a copy of the bond hearing transcript. In the response, Respondents shall address whether the Third Circuit rejected Petitioner's burden-shifting argument in Borbot. Petitioner may file a reply brief within 7 days of Respondents' response. So Ordered by Judge Robert Kirsch on 02/19/2026. (pdm) (Entered: 02/19/2026)

Feb 19, 2026

Order on Motion to Reopen Case

#13

Feb 20, 2026

Letter from Respondents respectfully requesting an extension to respond. (MAHONEY, MARGARET) (Entered: 02/20/2026)

#14

Feb 26, 2026

ANSWER to Amended Complaint with Exhibits to Follow due to ECF error by PAM BONDI, ALINA HABBA, TODD LYONS, KRISTI NOEM, JOHN TSOUKARIS.(MAHONEY, MARGARET) (Entered: 02/26/2026)

#15

Feb 26, 2026

Exhibit to 14 Answer to Amended Complaint Exhibit B IJ Order by PAM BONDI, ALINA HABBA, TODD LYONS, KRISTI NOEM, JOHN TSOUKARIS. (MAHONEY, MARGARET) (Entered: 02/26/2026)

#16

Feb 26, 2026

Exhibit to 14 Answer to Amended Complaint, 15 Exhibit (to Document) A- DHS Notice of Evidence at Bond Hearing by PAM BONDI, ALINA HABBA, TODD LYONS, KRISTI NOEM, JOHN TSOUKARIS. (MAHONEY, MARGARET) (Entered: 02/26/2026)

#17

Mar 04, 2026

BRIEF Petitioner's response to respondent's Answer with Supplemental Authority and TRO -- Amended Complaint and TRO to be filed separately as well (Attachments: # 1 Memorandum, # 2 Memorandum, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(VOSBIKIAN, STEVEN) (Entered: 03/04/2026)

#18

Mar 04, 2026

AMENDED COMPLAINT and TRO based upon Petitioner's detention in the 9th Circuit and the 9th Cir's decision in National TPS Alliance v. Kristi Noem ruling that Petitioner is in valid TPS status and cannot be removed. against BEYKER ORTIZ MORENO, filed by BEYKER ORTIZ MORENO. (Attachments: # 1 Memorandum TRO, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(VOSBIKIAN, STEVEN) (Entered: 03/04/2026)

#19

Mar 11, 2026

Letter from Plaintiff's Counsel Requesting Court Rule on Petitioner's Pending TRO and OTSC requesting immediate release of Petitioner pursuant to the Ninth Circuit's recent decision in National TPS Alliance v. Kristi Noem. (VOSBIKIAN, STEVEN) (Entered: 03/11/2026)

#20

Mar 12, 2026

TEXT ORDER: In his most recent filings (ECF Nos. 18, 19 ), Petitioner seeks immediate release based on the Ninth Circuit's decision in National TPS Alliance v. Noem, 166 F.4th 739, 766 (9th Cir. 2026) (holding that former "Secretary Noem exceeded her authority under the TPS statute by attempting to terminate Venezuela's TPS," which was extended until October 2, 2026, and affirming the district court's order setting aside the Secretary's vacatur under § 706 of the APA); see id, 2026 WL 687355, at *1 (9th Cir. Mar. 11, 2026) (denying rehearing). Petitioner, a citizen of Venezuela who applied for and received TPS status, is detained within the Ninth Circuit. (See ECF No. 6 .) The Court declines to issue a TRO without giving notice and an opportunity to respond because, among other procedural deficiencies, Petitioner has not provided a certification explaining why notice should not be required, as set forth in Fed. R. Civ. P. 65. Pursuant to this Court's authority under the All Writs Act, 28 U.S.C. § 1651, and to preserve the status quo, Respondents are TEMPORARILY ENJOINED from transferring Petitioner until this matter concludes but are permitted to release him from custody. If Respondents do not intend to release Petitioner, they shall file a response to Petitioner's application by Monday, March 16, 2026 at 12 noon p.m. The response shall address whether the Ninth Circuit's decision has nationwide effect, and, alternatively, if the relevant claims should be transferred to the District where Petitioner is confined. If necessary, Petitioner may file a reply brief by Wednesday, March 18, 2026, at 12 noon p.m. So Ordered by Judge Robert Kirsch on 03/12/2026. (pdm) (Entered: 03/12/2026)

Mar 12, 2026

Text Order

#21

Mar 16, 2026

Letter from Respondents in response to Petitioner's Amended Petition and brief re 19 Letter, 17 Brief, 20 Text Order,,,,,,, 18 Amended Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(MAHONEY, MARGARET) (Entered: 03/16/2026)

#22

Mar 17, 2026

Letter from Petitioner's Counsel in Rebuttal to Respondent's Response. (Attachments: # 1 Exhibit California, Arizona, Texas ORDERS granting habeas pursuant to TPS Alliance Litigation)(VOSBIKIAN, STEVEN) (Entered: 03/17/2026)

#23

Mar 18, 2026

Letter from Petitioner's Counsel clarifying Petitioner's valid and current TPS status. (VOSBIKIAN, STEVEN) (Entered: 03/18/2026)

#24

Mar 25, 2026

Letter from Petitioner's Attorney Requesting this Court render a DECISION and ORDER Petitioner's release. (VOSBIKIAN, STEVEN) (Entered: 03/25/2026)

#25

May 07, 2026

Letter