District of New Jersey • 2:26-cv-05470

#1

May 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW 54096.), filed by JESUS LOPEZ CHICAS. (Attachments: # 1 Envelope)(sks) (Entered: 05/14/2026)

#2

May 14, 2026

MOTION for Temporary Restraining Order by JESUS LOPEZ CHICAS. (Attachments: # 1 Envelope)(sks) (Entered: 05/14/2026)

#3

May 14, 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 5/14/2026. (N/M) (sks) (Entered: 05/14/2026)

May 14, 2026

Emergent Immigration Habeas Non-transfer Order

#4

May 15, 2026

TEXT ORDER : This matter is before the Court on the pro se Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ).Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of El Salvador, alleges that he entered the United States in or about May 2014. (Pet. at 4). Petitioner worked in construction and has ties to the community. (Id. at 5). "Petitioner had a DUI offense for which he served his sentence." (Id. at 4). He was also detained in criminal custody for approximately six months before being declared not guilty. (Id.). Immediately following Petitioner's release from criminal custody, on May 1, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner and have detained him at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (Id. at 5). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). In light of Petitioner's criminal history, the Court concludes that, in accordance with § 1226(a), within ten (10) 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 Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1).Respondents shall provide Petitioner notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention.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 Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Petitioner's motion for a temporary restraining order, (D.E. No. 2 ("Motion for TRO")), is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 .The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachment to the Petition, (D.E. No. 1 -1), the Motion for TRO, (D.E. No. 2 ), the attachment to the Motion for TRO, (D.E. No. 2 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov, and shall serve a copy of this Text Order upon Petitioner by regular U.S. Mail. So Ordered by Judge Esther Salas on 5/15/2026. (ek) (Entered: 05/15/2026)

May 15, 2026

Text Order

#5

May 20, 2026

Notice of Appearance

#6

May 22, 2026

Letter

May 29, 2026

Terminate Civil Case

May 29, 2026

Text Order