District of New Jersey • 1:26-cv-05890

#1

May 19, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Eric Junior Rivera Salvatierra..(kgo) (Entered: 05/20/2026)

#2

May 20, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 05/20/2026)

#3

May 20, 2026

ORDER TO SHOW CAUSE: I am in receipt of Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, which was filed on May 20, 2026 at 9:33 a.m. ET. (Doc. 1 ("Habeas Petition").) Petitioner's counsel states that Petitioner is currently being held at the 26 Federal Plaza. (Id.) Upon consideration of Petitioner's Habeas Petition, it is hereby ORDERED that: To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this court in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. Respondents shall show cause, pursuant to 28 U.S.C. § 2243, why the Petition forWrit of Habeas Corpus should not be granted by May 27, 2026. Petitioner shall have the opportunity to file a reply by June 3, 2026. This matter shall be heard by the Court on June 4, 2026 at 2:00 p.m. ET in theThurgood Marshall United States Courthouse, Courtroom 518, 40 Foley Square, NewYork, NY, 10007. The parties shall also attend an initial telephonic case conference on Friday May 22at 11:00 a.m. ET. The dial-in number is 1-855-244-8681 and the access code is 23093085 835. There is no attendee ID. The parties should be prepared to address venue,under what statutory provision petitioner is being detained under, and provideadditional details about petitioner's detention, such as any accompanying documents. By May 25, 2026, Petitioner is directed to serve Respondents with a copy of theHabeas Petition and accompanying papers, along with a copy of this Order andpromptly file proof of such service on the docket. In the meantime, the HabeasPetition and this Order will be emailed to the Civil Division of the U.S. Attorney'sOffice for the Southern District of New York at the following email address:Jeffrey.Oestericher@usdoj.gov.(Replies due by 6/3/2026., Initial Conference set for 5/22/2026 at 11:00 AM before Judge Vernon S. Broderick.) Show Cause Hearing set for 6/4/2026 at 02:00 PM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. Show Cause Response due by 5/27/2026. (Signed by Judge Vernon S. Broderick on 5/20/2026) (rro) (Entered: 05/20/2026)

May 20, 2026

Case Designated ECF. (kgo)

May 20, 2026

Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)

May 20, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)

May 21, 2026

MAILING RECEIPT: Document No: 2, 3. Mailed to: EricJuniorRivera Salvatierra 249079967 26 Federal Plaza New York, NY 10278. (ak)

#4

May 22, 2026

ORDER: Accordingly, it is hereby:ORDERED that this action be transferred to the U.S. District Court for the District of New Jersey under 28 U.S.C. § 1631. IT IS FURTHER ORDERED that the seven-day waiting period in Local Civil Rule 83.1 shall be waived. IT IS FURTHER ORDERED that, as part of this transfer, further action of the pending Order to Show Cause why a petition for a writ of habeas corpus should not be granted shall be left to the discretion of the District Court Judge assigned upon the transfer. IT IS FURTHER ORDERED that, in accordance with my previously issued Order to Show Cause, (Doc. 3), Petitioners shall not be transferred out of the United States absent further order of this court or the District Court Judge assigned upon the transfer. The Clerk of Court is respectfully directed to effectuate the transfer of this action to the U.S. District Court for the District of New Jersey as soon as possible. (Signed by Judge Vernon S. Broderick on 5/22/2026) (rro) (Entered: 05/22/2026)

#5

May 22, 2026

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(rro) (Entered: 05/22/2026)

#6

May 22, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-04195. Original file certified copy of transfer order and docket sheet received. (Entered: 05/22/2026)

#7

May 22, 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 5/22/2026. (jjc, ) (Entered: 05/22/2026)

May 22, 2026

Judge Karen M. Williams added. (jjc, )

May 22, 2026

Add and Terminate Judges

May 22, 2026

Emergent Immigration Habeas Non-transfer Order

May 22, 2026

Notice of Judicial Preferences

May 22, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

#8

May 27, 2026

TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241. Petitioner alleges that he was previously released from immigration custody pursuant to a bond set by an immigration judge on January 30, 2026, and was subsequently re-detained by immigration authorities without adequate notice or opportunity to be heard. Petitioner further alleges that ICE improperly abrogated the prior bond determination by re-detaining him without adequate cause, in violation of the Due Process Clause and the Immigration and Nationality Act. Petitioner seeks release under the same bond conditions previously imposed by the immigration court. (Id.) In light of the nature of the allegations and Petitioner's continuing detention, Respondents shall file and serve a response to the Petition within five (5) days of the entry of this Order. Petitioner may file and serve a reply within three (3) days after the filing of Respondents' response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on May 27, 2026. (Williams, Karen) (Entered: 05/27/2026)

May 27, 2026

Text Order

#9

May 31, 2026

Notice of Appearance

#10

Jun 01, 2026

Notice of Appearance

#11

Jun 01, 2026

Appear Pro Hac Vice

#12

Jun 01, 2026

Response to Habeas Petition

Jun 01, 2026

Set Deadlines as to 11 MOTION for Leave to Appear Pro Hac Vice . Motion set for 7/6/2026 before Judge Karen M. Williams. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr)

Jun 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#13

Jun 03, 2026

Mail Returned

Jun 03, 2026

Filing Fee Received

#14

Jun 04, 2026

Letter

#15

Jun 04, 2026

Reply to Response (NOT Motion)

#16

Jun 04, 2026

Petition for Writ of Habeas Corpus

#17

Jun 09, 2026

Response to Habeas Petition

#18

Jun 12, 2026

TEXT ORDER - The Court has reviewed Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), Respondents' Response (ECF No. 12), Petitioner's Reply (ECF No. 15), Petitioner's Amended Petition (ECF No. 16), and Respondents' Supplemental Response (ECF No. 17). The Court has also considered the relevant procedural history, including prior habeas proceedings in Rivera Salvatierra v. Bondi, Civil Action No. 26-0589 (D.N.J. Jan. 21, 2026), and the Immigration Judge's custody redetermination and bond order dated January 30, 2026. The record reflects that Petitioner was previously released on bond following an Immigration Judge's determination under 8 U.S.C. § 1226(a) that he did not pose a danger to the community or a flight risk. (See ECF No. 16, Ex. D; Ex. E.) Respondents further represent that following Petitioner's release, he was arrested in New York on or about March 31, 2026 for public lewdness in violation of N.Y. Penal Law § 245.00; that ICE thereafter cancelled Petitioner's bond on the basis of an alleged violation of the conditions of release; that a warrant was issued; and that Petitioner was subsequently taken into custody by deportation officers. (ECF No.12 at 1-2, ECF No. 17 at 2.) The record further reflects that on or about May 19, 2026, Immigration and Customs Enforcement re-detained Petitioner following his prior release, allegedly without notice, hearing, or an individualized determination of changed circumstances. (ECF No. 16. at 1, 5; Ex. F.) Petitioner seeks habeas relief contending that this re-detention and continued custody violate the Fifth Amendment Due Process Clause and the Immigration and Nationality Act, and requests either release on the prior bond conditions or, in the alternative, a new constitutionally adequate custody redetermination. (Id. 6-7.) Respondents oppose the Petition on the ground that Petitioner remains eligible to seek custody redetermination before the Executive Office for Immigration Review and that habeas relief is premature. (ECF Nos. 12, 17.) The availability of administrative custody procedures does not, on this record, negate the Court's authority to ensure that detention comport with constitutional requirements where a prior individualized bond determination has already been made and allegedly set aside without a new hearing. See Demore v. Kim, 538 U.S. 510, 517 (2003); Leslie v. Att'y Gen., 678 F.3d 265, 268-69 (3d Cir. 2012). Accordingly, it is hereby ORDERED that the Petition (ECF Nos. 1, 16) is GRANTED IN PART. It is further ORDERED that Respondents shall ensure that Petitioner is provided a prompt custody redetermination hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) within five (5) business days of the date of this Order. Respondents shall notify the court of the outcome of the custody redetermination hearing within 3 (three) days of the ruling of the Immigration Judge. Petitioner's request for immediate release is DENIED WITHOUT PREJUDICE. So Ordered by Judge Karen M. Williams on June 12, 2026. (Williams, Karen) (Entered: 06/12/2026)

Jun 12, 2026

Text Order

#19

Jun 20, 2026

Letter