District of New Jersey • 2:26-cv-05615

#1

May 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17430036.), filed by YUNEISY FERNANDEZ FERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit ICE Locator, # 5 Exhibit NTA, # 6 Exhibit 2009 Warrant of Arrest, # 7 Exhibit ROR, # 8 Exhibit 2026 arrest info)(CARDENAS, VERONICA) (Entered: 05/16/2026)

#2

May 16, 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 5/16/2026. (jml, ) (Entered: 05/16/2026)

May 16, 2026

Judge Esther Salas added. (jml, )

May 16, 2026

Add and Terminate Judges

May 16, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 19, 2026

TEXT ORDER : This matter is before the Court on the 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. 2 ).Pursuant to the All Writs Act, see28 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 Cuba, alleges that he entered the United States on or about November 28, 2009, was released on his own recognizance, and has resided in the United States since his 2009 entry. (Pet. Para. 2). Petitioner is married and has five children, and he is seeking adjustment of status and an unlawful presence waiver. (Id.Paras. 3, 5). Petitioner has a 2012 arrest in Florida, and, on April 14, 2014, he pled guilty to possession of marijuana under 20 grams. (Id.Para. 5). On or about May 4, 2026, Petitioner was arrested on a pending New Jersey state charge of credit card fraud (in which the value of the alleged crime was $262.73). (Id.Para. 6). Following his release from state custody, on or about May 12, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id.at 1, Paras.1, 7). Based on Petitioner's allegations and this Court's recent decision inDiaz 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's counsel 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 request for an order to show (D.E. No. 1 -2) is DENIED as moot.The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -8), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address:USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 5/19/2026. (ek) (Entered: 05/19/2026)

May 19, 2026

Text Order

#4

May 22, 2026

Notice of Appearance

#5

May 25, 2026

Letter

#6

Jun 02, 2026

Letter

#7

Jun 03, 2026

TEXT ORDER : This matter comes before the Court on Petitioner's Letter Regarding Respondents' Non-Compliance with Court Order. (D.E. No. 6 at 1 ("Pet'r Letter")). According to Petitioner, Respondents have failed to comply with this Court's May 19, 2026 Text Order, (D.E. No. 3 ("Text Order")), which directed Respondents to provide an individualized bond hearing before an immigration judge within ten (10) days of the date of entry of the Text Order. (Pet'r Letter at 1.) No bond hearing has been provided. However, the Court's Text Order further stated that, "[a]lternatively, 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." Respondents filed a timely letter response, arguing that Petitioner's case is legally distinguishable because he is allegedly subject to mandatory detention under the Laken Riley Act. (D.E. No. 5 ). Accordingly, Petitioner's current request for relief in connection with the Court's Text Order is DENIED. So Ordered by Judge Esther Salas on 6/3/2026. (ek) (Entered: 06/03/2026)

Jun 03, 2026

Text Order

#8

Jul 22, 2026

Letter

#9

Jul 23, 2026

TEXT ORDER : This matter is before the Court on Petitioner's "Supplemental Letter Regarding Material Change in Circumstances and Request for Habeas Relief." (D.E. No. 8 ("Supplemental Letter")). Within forty-eight (48) hours of the time of entry of this Text Order, Respondent shall file a response to the Supplemental Letter. So Ordered by Judge Esther Salas on 7/23/2026. (ek) (Entered: 07/23/2026)

Jul 23, 2026

Text Order

#10

Jul 24, 2026

Letter