District of New Jersey • 1:26-cv-05844

DE OLIVEIRA v. SOTO

Active

Case Information

Filed: May 21, 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 22, 2026
Parties: View All Parties →

Docket Entries

#1
May 21, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17450577.), filed by SAMUEL LUIS DE OLIVEIRA. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet civil cover sheet)(MINOGUE, ALEXANDRA) (Entered: 05/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 21, 2026
MOTION for Temporary Restraining Order by SAMUEL LUIS DE OLIVEIRA. (MINOGUE, ALEXANDRA) (Entered: 05/21/2026)
Main Document: Temporary Restraining Order
#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. (jml, ) (Entered: 05/21/2026)
May 21, 2026
Emergent Immigration Habeas Non-transfer Order
May 21, 2026
Chief Judge Renee Marie Bumb added. (jml, )
May 21, 2026
Add and Terminate Judges
#4
May 22, 2026
TEXT ORDER dismissing 2 Motion for TRO Petitioner alleges he is unlawfully detained by immigration authorities 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"). He filed a motion for temporary restraining seeking to enjoin his transfer outside the District of New Jersey during this proceeding and for his immediate release, Dkt. No. 2 ("TRO Motion.") 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. The Court has enjoined Petitioner's transfer outside the District of New Jersey during this proceeding, Dkt. No. 3 ("Order") and ordered an expedited resolution of this matter. Therefore, the TRO Motion, Dkt. No. 2, is DISMISSED as moot. Signed by Chief Judge Renee Marie Bumb on 05/22/2026. (Costigan, Roberta) (Entered: 05/22/2026)
May 22, 2026
Order on Motion for TRO

Parties

DE OLIVEIRA
Party
SOTO
Party