District of Puerto Rico • 3:26-cv-01288

#1

May 12, 2026

PETITION for Writ of Habeas Corpus, filed by Marcelo Jerez. Service due by 8/10/2026, (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet, # 3 Exhibit, # 4 Exhibit, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Kanczuzewski, Paul) (Entered: 05/12/2026)

#2

May 12, 2026

Emergency MOTION for Temporary Restraining Order filed by Paul Ronald Kanczuzewski on behalf of Marcelo Jerez. Responses due by 5/26/2026. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Kanczuzewski, Paul) (Entered: 05/12/2026)

#3

May 13, 2026

NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Raul M. Arias-Marxuach. (arg) (Entered: 05/13/2026)

#4

May 13, 2026

Summons Issued as to Todd Blanche, Todd Lyons, Markwayne Mullin, Garrett J. Ripa, Warden San Juan Staging Facility. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (ad) (Entered: 05/13/2026)

#5

May 13, 2026

Order on Motion for TRO

May 13, 2026

Filing Fee Received $ 5.00, receipt number 123697. (arg)

May 13, 2026

Filing Fee Received

May 13, 2026

Notice of Judge Assignment

#6

May 15, 2026

Summons Returned Executed

May 18, 2026

Notice of Docket Text Modification

#7

May 26, 2026

Notice of Appearance

#8

May 27, 2026

Memorandum in Support

#9

May 27, 2026

Summons Returned Executed as to USA

#10

May 29, 2026

ORDER: Defendants shall respond to 8 Response to Order to Show Cause by June 11, 2026. Signed by Judge Raul M. Arias-Marxuach on 5/29/2026. (mrr) (Entered: 05/29/2026)

May 29, 2026

Order AND ~Util - Set Deadlines/Hearings

#11

Jun 11, 2026

Response to Motion

#12

Jun 16, 2026

ORDER: This case is DISMISSED WITH PREJUDICE. On May 13, 2026, this Court ordered Petitioner to show cause as to why this case should not be dismissed for failure to state a claim upon which relief can be granted. (Docket No. 5 ). Having reviewed Petitioner's Response at Docket No. 8, as well as the Government's Response at Docket No. 11, the Court rules that Petitioner has not raised any novel argument not addressed by the Court in: (1) its Memorandum and Order at Docket No. 5 denying the Emergency Motion for Temporary Restraining Order; or (2) Alvarez-Felix v. Ramos, 2026 WL 438160 (D.P.R. 2026). First, the Court rejects Petitioner's argument that he is not "an alien seeking admission" under 8 U.S.C. § 1225(b)(2). The Court agrees with the Fifth Circuit's holding that "[t]here is no material disjunction-by the terms of the statute or the English language-between the concept of 'applying' for something and 'seeking' something." Buenrostro-Mendez v. Bondi, 166 F.4th 494, 502 (5th Cir. 2026) (citation omitted). Second, the Laken Riley Act does not demonstrate that Congress has rejected a detention policy for all applicants for admission. As the Court already explained in Alvarez-Felix, "Section 1226(c) was recently amended by the Laken Riley Act, Pub. L. No. 119- 1, 139 Stat. 3 (2025), to expand the category of covered crimes[.]" 2026 WL 438160 at *3 n.3 (citation omitted). Hence, the Laken Riley Act expanded detention for aliens governed by Section 1226(c) but did not amend or narrow Section 1225(b)(2)'s separate provision governing applicants for admission. Judgment shall be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 6/16/2026. (mrr) (Entered: 06/16/2026)

#13

Jun 16, 2026

JUDGMENT is entered DISMISSING this action with prejudice. Signed by Judge Raul M. Arias-Marxuach on 6/16/2026. (mrr) (Entered: 06/16/2026)

Jun 16, 2026

Order