Middle District of Pennsylvania • 4:26-cv-01247

#1

May 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17375175.), filed by JOSE ALFREDO CHE-POP. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(DEFFERRIRE-DUFFY, NANCY) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/01/2026)

#2

May 01, 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 5/1/2026. (ps) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/01/2026)

#3

May 01, 2026

MOTION for Temporary Restraining Order by JOSE ALFREDO CHE-POP. (DEFFERRIRE-DUFFY, NANCY) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/01/2026)

#4

May 01, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus and a motion for a temporary restraining order. ECF Nos. 1, 3. Petitioner alleges that he is unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 at 7-9, 11-12, 18-19. Under this Court's recent decisions in 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)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). 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 in accordance with 8 C.F.R. 236.1(c)(8) and (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, 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 of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. ! 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). In light of the relief provided herein, Petitioner's application for a TRO, ECF No. 3, is DENIED as moot. So Ordered by Judge Claire C. Cecchi on 5/1/2026. (jl, ) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/01/2026)

#5

May 05, 2026

RESPONSE to Petition for Writ of Habeas Corpus Requesting Dismissal or Transfer for Lack of Jurisdiction by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS SOTO, MARK VOGLER. (Attachments: # 1 Declaration, # 2 Exhibit)(DOYNE, BROOKS) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/05/2026)

#6

May 06, 2026

CERTIFICATE OF SERVICE by JOSE ALFREDO CHE-POP (DEFFERRIRE-DUFFY, NANCY) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/06/2026)

#7

May 06, 2026

Letter from Respondents re: Joint Request to Transfer Matter. (DOYNE, BROOKS) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/06/2026)

#8

May 08, 2026

LETTER ORDER transferring case to the Middle District of Pennsylvania. Signed by Judge Claire C. Cecchi on 5/8/2026. (sms2) [Transferred from New Jersey on 5/8/2026.] (Entered: 05/08/2026)

#9

May 08, 2026

Case transferred electronically in from District of New Jersey; Case Number 2:26-cv-04903 containing electronic documents. (ea) (Entered: 05/08/2026)