District of New Jersey • 2:26-cv-05045

#1

May 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17388298.), filed by JAVIER AUDELO HERNANDEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(CHOW, MARTIN) (Entered: 05/05/2026)

#2

May 05, 2026

MOTION for Order to Show Cause by JAVIER AUDELO HERNANDEZ. (Attachments: # 1 Declaration Attorney Declaration Martin W Chow, # 2 Exhibit A Maldonado Bautista Order Nov 20 2025, # 3 Exhibit B Maldonado Bautista Order Nov 25 2025, # 4 Exhibit C Maldonado Bautista Order Dec 18 2025, # 5 Exhibit D Class Counsel Practice Advisory, # 6 Exhibit E Appendix of cases, # 7 Exhibit F - Lyons Memo, # 8 Exhibit G - EOIR Alert, # 9 Exhibit H AFF OF LAWRENCE O BURMAN, # 10 Exhibit Employment Authorization Notice - Javier Audelo Hernandez, # 11 Text of Proposed Order Proposed Order to Show Cause With Restraints)(CHOW, MARTIN) (Entered: 05/05/2026)

#3

May 05, 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 5/5/2026. (ps) (Entered: 05/05/2026)

May 05, 2026

Emergent Immigration Habeas Non-transfer Order

May 05, 2026

Case Assigned to Judge Jamel K. Semper. (ps)

May 05, 2026

Case Assigned/Reassigned

May 06, 2026

Set Deadlines as to 2 MOTION for Order to Show Cause . Motion set for 6/1/2026 before Judge Jamel K. Semper. 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. (sm)

May 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 08, 2026

Order on Motion to Show Cause

May 08, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Javier Audelo Hernandez, who is presently detained at the Elizabeth Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Mexico who entered the United States without inspection in or about 1998 and has resided in this country continuously for approximately twenty-seven years. Petitioner alleges that he has established substantial ties to the United States, including employment authorization, steady work in the construction industry, homeownership, and four United States citizen children. The Petition further asserts that Petitioner was arrested by immigration authorities on or about May 1, 2026, placed in removal proceedings pursuant to 8 U.S.C. § 1229a, and charged as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i). Petitioner contends that Respondents are unlawfully detaining him pursuant to 8 U.S.C. § 1225(b), and challenges his continued detention as unlawful and unconstitutional. Petitioner further alleges that he is a member of the certified "Bond Eligible Class" in Maldonado Bautista v. Santacruz and is entitled to relief pursuant to the declaratory judgment issued in that matter. Accordingly, it is on this 8th day of May 2026, ORDERED that Respondents shall SHOW CAUSE, on or before May 15, 2026, why the Petition should not be granted; and it is further ORDERED that Petitioner may file a reply within three (3) business days after Respondents file their response; and it is further ORDERED that 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; and it is further ORDERED that Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on May 8, 2026. (mfr) Modified on 5/12/2026 (jal, ).

#4

May 12, 2026

Letter

#5

May 15, 2026

Certification

#6

May 15, 2026

Response (NOT Motion)

#7

May 15, 2026

Extension of Time to File Document

#8

May 18, 2026

TEXT ORDER: This matter comes before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. The Court has reviewed the Petition (ECF No. 1), the Response (ECF No. 4), and the Reply (ECF No. 5) and finds that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), which requires an individualized bond hearing. Accordingly, the Petition is GRANTED IN PART. It is on this day of May 18, 2026, ORDERED that Respondents shall provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(d) within seven (7) days of the date of this Order, and it is further ORDERED that within three (3) days of the bond hearing, Respondents shall file a letter advising the Court of the outcome upon which the Court will close this matter absent further relief being warranted. Petitioner shall not be transferred from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 5/18/2026. (sms) (Entered: 05/18/2026)

May 18, 2026

Order to Answer

#9

May 19, 2026

Letter

#10

May 28, 2026

Letter

#11

May 29, 2026

Letter

#12

Aug 11, 2026

TEXT ORDER: The Court has reviewed Respondents' status letters (ECF Nos. 9, 10), Petitioner's status letter (ECF No. 11), and the record in this matter. On May 18, 2026, the Court granted the Petition in part and ordered Respondents to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) within seven (7) days. (ECF No. 8.) The record reflects that Respondents complied with that Order by providing Petitioner with a bond hearing before an Immigration Judge, who denied bond. Because the relief ordered by this Court has been provided, and Petitioner has not demonstrated that any further relief is warranted in this habeas proceeding, this matter is hereby CLOSED. The Clerk of the Court shall mark this case CLOSED. So Ordered by Judge Jamel K. Semper on 8/11/2026. (sms) (Entered: 08/11/2026)

Aug 11, 2026

Order of Dismissal