Active
Case Information
Filed: May 20, 2026
Assigned to:
Renee Marie Bumb
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 21, 2026
Parties:
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Docket Entries
#1
May 20, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17446012.), filed by DARLIN PENA HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Locator, # 3 Supplement OSC, # 4 Text of Proposed Order PROPOSED ORDER)(CARDENAS, VERONICA) (Entered: 05/20/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 20, 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 5/20/2026. (jml, ) (Entered: 05/20/2026)
May 20, 2026
Chief Judge Renee Marie Bumb added. (jml, )
May 20, 2026
Add and Terminate Judges
May 20, 2026
Emergent Immigration Habeas Non-transfer Order
#3
May 21, 2026
TEXT ORDER Petitioner alleges she is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within seven (7) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner is subject to detention under Section 1226(a). Therefore, in accordance with 8 U.S.C. 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, 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. Section 236.1(c)(8), (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. So Ordered by Chief Judge Renee Marie Bumb on 05/21/2026. (Costigan, Roberta) (Entered: 05/21/2026)
May 21, 2026
Order
Parties
PENA HERNANDEZ
Party
SOTO
Party