District of New Jersey • 2:26-cv-05683

#1

May 18, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17435755.), filed by JOSE GABRIEL TORRES DURAN. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(MONTERO, FRANKLIN) (Entered: 05/18/2026)

#2

May 18, 2026

Emergency MOTION for Temporary Restraining Order by JOSE GABRIEL TORRES DURAN. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 05/18/2026)

#3

May 18, 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 5/18/2026. (jml, ) (Entered: 05/18/2026)

May 18, 2026

Emergent Immigration Habeas Non-transfer Order

May 18, 2026

Judge Evelyn Padin added. (jml, )

May 18, 2026

Add and Terminate Judges

#4

May 20, 2026

TEXT ORDER: Petitioner Jose Gabriel Torres Duran filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Along with his Petition Petitioner also filed a motion for a temporary restraining order seeking an order enjoining his transfer or removal from outside the District of New Jersey and for his immediate release. D.E. 2 ("TRO Motion"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within five days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within five days of this order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). The Clerk shall DISMISS as MOOT the TRO Motion, D.E. 2, because the Court has enjoined Petitioner transfer from New Jersey and ordered an expedited resolution of this matter. So Ordered by Judge Evelyn Padin on 5/20/2026. (bt) (Entered: 05/20/2026)

May 20, 2026

Text Order AND ~Util - Terminate Motions

#5

May 23, 2026

Letter

#6

May 23, 2026

Notice of Appearance

#7

May 26, 2026

Order Transfer Case Out - District Court Transfer

May 26, 2026

***Civil Case Terminated. (dnw)

May 26, 2026

Terminate Civil Case

May 26, 2026

Case Transferred Out - District Court Transfer

May 26, 2026

Case extracted via ECF to the Eastern District of Pennsylvania. (dmw)

May 27, 2026

Case transferred from New Jersey has been opened in Eastern District of Pennsylvania as case 2:26-cv-03586, filed 05/26/2026. (kht)

May 27, 2026

Docket Annotation (public)