Active
Case Information
Filed: May 21, 2026
Assigned to:
Susan Davis Wigenton
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 23, 2026
Parties:
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Docket Entries
#1
May 21, 2026
First PETITION for Writ of Habeas Corpus for Alien Detainee ( Filing fee $ 5 receipt number ANJDC-17448883.), filed by ALAN K FONSECA ALVES. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Summons)(LAIRD, MITCHELL) (Entered: 05/21/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
May 21, 2026
First MOTION for Order to Show Cause by ALAN K FONSECA ALVES. (Attachments: # 1 Text of Proposed Order)(LAIRD, MITCHELL) (Entered: 05/21/2026)
Main Document:
Show Cause
#3
May 21, 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 5/21/2026. (ps) (Entered: 05/21/2026)
#4
May 21, 2026
TEXT ORDER: According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225 (ECF No. 1 at 10-12). This Court preliminarily concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Patel v. Almodovar, No. 25-cv-1534, 2025 WL 3012323 (D.N.J. Oct. 28, 2025). If Respondents contend that Patel is factually distinguishable, they shall file an expedited answer to the Petition within 3 days of this Order, and Petitioner shall file any reply within 3 days of the answer. Otherwise, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. So Ordered by Judge Susan D. Wigenton on 5/21/2026. (cds) (Entered: 05/21/2026)
May 21, 2026
Emergent Immigration Habeas Non-transfer Order
May 21, 2026
Case Assigned to Judge Susan D. Wigenton. (ps)
May 21, 2026
Text Order
May 21, 2026
Case Assigned/Reassigned
#5
May 22, 2026
Letter
Main Document:
Letter
#6
May 23, 2026
Notice of Appearance
Main Document:
Notice of Appearance
Parties
FONSECA ALVES
Party
TSOUKARIS
Party