District of New Jersey • 2:26-cv-05915

#1

May 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17456109.), filed by JOSE ROLANDO MORENO RODRIGUEZ. (Attachments: # 1 Text of Proposed Order, # 2 Civil Cover Sheet)(GORDPOUR, NELLY) (Entered: 05/23/2026)

#2

May 23, 2026

NOTICE of Appearance by NELLY NILOUFAR GORDPOUR on behalf of JOSE ROLANDO MORENO RODRIGUEZ (GORDPOUR, NELLY) (Entered: 05/23/2026)

#3

May 23, 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 5/23/2026. (jml, ) (Entered: 05/23/2026)

May 23, 2026

Add and Terminate Judges

May 23, 2026

Judge Esther Salas added. (jml, )

May 23, 2026

Emergent Immigration Habeas Non-transfer Order

#4

May 26, 2026

TEXT ORDER : This matter is before the Court on 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. 3 ).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 alleges that he entered the United States without inspection in or around September 1994 and has resided continuously in this country for approximately thirty years. (Pet. Paras. 13-14). Petitioner's mother (a lawful permanent resident ("LPR")) filed a Form I-130 Petition for Alien Relative on Petitioner's behalf in 2019, which remains pending, and Petitioner resides with and financially supports his mother (who suffers from serious knee and leg pain and relies heavily upon Petitioner for transportation to medical appointments and assistance with daily living). (Id.Paras. 22, 24-25;see also id.Para. 4 (alleging that he also has LPR brothers and one U.S. citizen brother)). Petitioner claims that he has no history of gang affiliation, violence, or absconding from proceedings. (Id.Para. 26.) "Although Petitioner possesses one prior misdemeanor-related conviction from 2024, Petitioner has no extensive or violent criminal history." (Id.Para. 28). "On or about May 20, 2026, Petitioner was taken into ICE custody in New York following a minor arrest involving allegations relating to an open container of alcohol and alleged littering," and ICE has detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id.Paras. 15-16.) Basedon Petitioner's allegations and this Court's recent decision inDiaz 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). Given Petitioner's criminal history, 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's counsel 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. Petitioner's request for an order to show cause, (D.E. No. 1 -2), is DENIED as moot.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 & 1 -2), 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 5/26/2026. (ek) (Entered: 05/26/2026)

#5

May 26, 2026

Appear Pro Hac Vice

May 26, 2026

Text Order

#6

May 27, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#7

May 27, 2026

Notice of Pro Hac Vice to Receive NEF

#8

May 28, 2026

Notice of Appearance

May 28, 2026

Pro Hac Vice counsel, JOHN J. GARZON for JOSE ROLANDO MORENO RODRIGUEZ, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (adc, )

May 28, 2026

Notice of Pro Hac Vice counsel added

#9

Jun 04, 2026

Letter

#10

Jun 08, 2026

Status Report

#11

Jun 17, 2026

Status Report