District of New Jersey • 2:26-cv-05599

#1

May 15, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17429304.), filed by BALTAZAR MARIANO JESUS PERICHE FIESTAS. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 05/15/2026)

#2

May 15, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by BALTAZAR MARIANO JESUS PERICHE FIESTAS. (DUQUE-ISERN, STEPHANIE) (Entered: 05/15/2026)

#3

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)

#4

May 15, 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, 2. Petitioner alleges that he is unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 at 6-9, 11-13. 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 motion for a temporary restraining order, ECF No. 2, is DENIED as moot. So Ordered by Judge Claire C. Cecchi on 5/15/2026. (jl, ) (Entered: 05/15/2026)

May 15, 2026

Case Assigned/Reassigned

May 15, 2026

Emergent Immigration Habeas Non-transfer Order

May 15, 2026

Text Order AND ~Util - Terminate Motions

May 15, 2026

Case assigned to Judge Claire C. Cecchi. (jr)

#5

May 25, 2026

Notice of Appearance

#6

May 26, 2026

Letter

#7

Jun 01, 2026

Withdraw

Jun 02, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Jun 05, 2026

TEXT ORDER - The Court is in receipt of Petitioner's motion to voluntarily withdraw his petition for writ of habeas corpus. ECF No. 7 . The Court is also in receipt of Respondents' letter requesting that the Court close the case because Petitioner was denied bond. ECF No. 6 . In light of the parties' submissions, the motion to voluntarily withdraw is GRANTED, the Court's previous Order preventing Respondents from removing Petitioner from New Jersey or from the United States is VACATED, and the Clerk of the Court shall mark this case as CLOSED. SO ORDERED by Judge Claire C. Cecchi on 6/5/2026. (jr) (Entered: 06/05/2026)

Jun 05, 2026

Order of Dismissal AND ~Util - Terminate Motions