District of New Jersey • 3:26-cv-05587

#1

May 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17428403.), filed by ALBERTO MONTERO-MONTERO. (Attachments: # 1 Civil Cover Sheet)(HAJDARPASIC, ENES) (Entered: 05/15/2026)

#2

May 15, 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 5/15/2026. (jr) (Entered: 05/15/2026)

#3

May 15, 2026

MOTION for Temporary Restraining Order by ALBERTO MONTERO-MONTERO. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HAJDARPASIC, ENES) (Entered: 05/15/2026)

May 15, 2026

Notice of Judicial Preferences

May 15, 2026

Emergent Immigration Habeas Non-transfer Order

May 15, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

May 15, 2026

Case assigned to Judge Robert Kirsch. (jr)

May 15, 2026

Case Assigned/Reassigned

May 18, 2026

Set Deadlines as to 3 MOTION for Temporary Restraining Order . Motion set for 6/15/2026 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. (kht)

May 18, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#4

May 27, 2026

Letter

#5

Jun 30, 2026

Letter

#6

Jul 01, 2026

TEXT ORDER: Petitioner ALBERTO MONTERO-MONTERO is a citizen of Mexico who has lived in the United States since he entered without inspection in 1998. (ECF No. 1, Petition at 18-19.) He was detained on April 16, 2026, and denied the opportunity for bond on the basis that the immigration court lacks jurisdiction. (Id. at 19-20.) He contends that he is unlawfully detained under § 1225 and is entitled to a bond hearing or release under § 1226(a). Although he was ordered removed on June 10, 2026, that order is not final. (See ECF No. 5 .) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a noncitizen who entered the United States without inspection and was later arrested in the interior of the United States could only be detained under 8 U.S.C. § 1226(a). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 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 Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. 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 and request to close this matter. Alternatively, if Respondents contend that this case is factually or legally distinguishable, or that Petitioner has a criminal history that requires his mandatory detention, they shall file an expedited answer within five (5) days of the date of entry of this Text Order; Petitioner may submit a reply within three (3) days of his receipt of the same. The Text Order at ECF No. 2, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes, and the TRO motion at ECF No. 3, which seeks the same relief, shall be TERMINATED. So Ordered by Judge Robert Kirsch on 07/01/2026. (pdm) (Entered: 07/01/2026)

Jul 01, 2026

Order on Motion for TRO

#7

Jul 07, 2026

Notice of Appearance

#8

Jul 09, 2026

Letter