District of New Jersey • 2:26-cv-05721

#1

May 19, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17439166.), filed by JOSE MIGUEL GUTIERREZ RAMOS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(SHARKO, SUSAN) (Entered: 05/19/2026)

#2

May 19, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Esther Salas on 5/19/26. (tjg, ) (Entered: 05/19/2026)

May 19, 2026

Case assigned to Judge Esther Salas. (tjg, )

May 19, 2026

Case Assigned/Reassigned

May 19, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 20, 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 the Dominican Republic, alleges that, on or about February 26, 2024, he entered the United States in California, was apprehended by Customs and Border Protection upon entry, and was released on his own recognizance under 8 U.S.C. § 1226 on February 27, 2024. (Pet. Para. 10; D.E. No. 1-2 at 1). Following his release, he has lived with his brother (a lawful permanent resident) in Hempstead, New York, since at least September 4, 2024. (Id. Para. 11). On or about March 3, 2026, U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner while he was on his way to work and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 12-13). Petitioner requires specialized care for a tumor forming on his back, but, despite multiple requests, he has not yet received an appointment for medical care. (Id. Para. 15). In his Petition, Petitioner fails to state whether he has any criminal history. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. 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 -5), 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 5/20/2026. (ek) (Entered: 05/20/2026)

May 20, 2026

Text Order

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May 21, 2026

Letter

#5

May 21, 2026

Certification

#6

May 22, 2026

Certification

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May 22, 2026

Certification

#8

May 26, 2026

TEXT ORDER : This matter is before the Court on Petitioner's certification, a letter from Petitioner's counsel, and two certifications executed by Petitioner's counsel. (D.E. No. 4 ; D.E. No. 5 ; D.E. No. 6 ("Pet'r Certif."); D.E. No. 7 ("Amended Counsel Certification" or "Am. Counsel Certif.")). Basedon the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 1241, (D.E. No. 1 ), summarized in this Court's May 20, 2026 Text Order, (D.E. No. 3 ), 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). Petitioner certifies that, "[s]ince I have been in the United States, I have obeyed the law and have never been charged with or convicted of a crime." (Pet'r Certif. Para. 2). According to him, "I was the victim of a false arrest in the Dominican Republic, but to the best of my knowledge was never charged with or convicted of a crime." (Id.) Furthermore, according to the attached Form I-213 Record of Deportable/Inadmissible Alien, Petitioner has no criminal history. (Am. Counsel Certif. Para. 3). In light of Petitioner's arrest (which Plaintiff does not explain), 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. So Ordered by Judge Esther Salas on 5/26/2026. (ek) (Entered: 05/26/2026)

May 26, 2026

Text Order

#9

May 27, 2026

Notice of Appearance

#10

May 28, 2026

Letter

#11

Jun 04, 2026

Letter

#12

Jun 05, 2026

Letter from AUSA Bradley A Harsch re Rescheduling of Bond Hearing. (Attachments: # 1 Exhibit A (Withdrawal Order), # 2 Exhibit B (Hearing Notice))(HARSCH, BRADLEY) (Entered: 06/05/2026)

#13

Jun 05, 2026

Letter from Susan M. Sharko counsel for Habeas Petitioner Jose Miguel Gutierrez. (SHARKO, SUSAN) (Entered: 06/05/2026)

#14

Jun 08, 2026

Letter from AUSA Bradley A Harsch re Bond Hearing Result. (Attachments: # 1 Exhibit A (bond hearing order))(HARSCH, BRADLEY) (Entered: 06/08/2026)

#15

Jun 29, 2026

Letter

#16

Jun 29, 2026

Letter

#17

Jun 30, 2026

TEXT ORDER : This matter comes before the Court on the parties' respective letter requests to close the case, (D.E. Nos. 15 & 16 ). The requests are GRANTED. The Court LIFTS the Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and his removal from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 6/30/2026. (ek) (Entered: 06/30/2026)

Jun 30, 2026

Text Order

Jun 30, 2026

Terminate Civil Case

Jun 30, 2026

***Civil Case Terminated. (ek)