District of New Jersey • 2:26-cv-05922

#1

May 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17456454.), filed by VICENTE TRINIDAD PALILLERO. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 05/24/2026)

#2

May 24, 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 5/24/2026. (jml, ) (Entered: 05/24/2026)

May 24, 2026

Judge Evelyn Padin added. (jml, )

May 24, 2026

Add and Terminate Judges

May 24, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 26, 2026

TEXT ORDER: This matter comes before the Court upon Pro se Petitioner Vicente Trinidad Palillero's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful and in violation of his liberty interest under the Due Process Clause of the Fifth Amendment. Id. 15-28. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within seven days. Petitioner may file a reply brief within three days of the filing date of the answer. So Ordered by Judge Evelyn Padin on 5/26/2026. (bt) (Entered: 05/26/2026)

May 26, 2026

Text Order

#4

May 29, 2026

Notice of Appearance

#5

Jun 02, 2026

Response to Habeas Petition

#6

Jun 03, 2026

Letter

#7

Jun 04, 2026

TEXT ORDER: Petitioner Vicente Trinidad Palillero filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, alleging that immigration authorities are unlawfully detaining him under 8 U.S.C. § 1225(b)(2). D.E. 1 ("Petition"). Respondents filed an Answer and stipulated that Petitioner's factual allegations are not materially distinguishable from cases in this District that have addressed detention under § 1225(b)(2). D.E. 5 ("Answer") at 1 n.1, 3; D.E. [5-1], Ex. 1 ("Form I-213"). Respondents note, however, that Petitioner's record includes multiple municipal traffic violations and a 2012 conviction for operating a vehicle under the influence of liquor or drugs, for which his license was suspended for two years. Answer at 3; Form I-213 at 2-5. Based on that record, Respondents contend that, if the Court determines Petitioner is subject to discretionary detention under 8 U.S.C. § 1226(a), the appropriate remedy is a bond hearing rather than release. Answer at 3. In Reply, Petitioner argues that release, not a bond hearing, is appropriate because his only criminal conviction--the DWI--occurred fourteen years ago, and he has resolved his outstanding motor vehicle tickets, many of which he attributes to licensing and registration delays caused by renewal issues with the employment authorization for his landscaping business. D.E. 6 ("Reply") at 1. Petitioner also raises concerns about whether he can receive a constitutionally adequate bond hearing because Respondents have posted his photograph from Delaney Hall and a list of his driving infractions on social media, where several comments have been posted. Id. at 2; see id., Ex. C. Under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025), and Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner's mandatory detention under § 1225(b) is unlawful. The Court further finds that the appropriate remedy is a bond hearing under 8 U.S.C. § 1226(a), rather than immediate release. At an individualized bond hearing, the parties may present evidence concerning Petitioner's traffic violations, his 2012 conviction, any mitigating circumstances, and any other facts relevant to whether he presently poses a danger to the community or a flight risk if released. The bond decision must be reasoned and based on Petitioner's individual circumstances. Finally, the Court acknowledges Petitioner's concern that Respondents may not provide a bond hearing that satisfies due process. The Court will therefore retain jurisdiction over this matter. If Petitioner believes, after the bond hearing, that the hearing did not comport with due process, he may seek further relief in this action. Accordingly, it is ORDERED that Respondents shall provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within seven days of this Order. Petitioner's counsel shall receive adequate notice of the hearing and shall be permitted to represent Petitioner at the hearing. Within three days after the bond hearing, Respondents shall file a status report advising the Court of the hearing's outcome. Within ten days of the bond hearing, Respondents shall provide this Court and Petitioner with a copy of the transcript from the bond hearing. So Ordered by Judge Evelyn Padin on 6/4/2026. (bt) (Entered: 06/04/2026)

Jun 04, 2026

Text Order

#8

Jun 18, 2026

Status Report

#9

Jun 22, 2026

TEXT ORDER: This Court granted Petitioner Vicente Trinidad Palillero's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and ordered Respondents to provide Petitioner with a bond hearing. D.E. 7 . The Court has reviewed Respondents' status report, which establishes that Petitioner was released. D.E. 8 . Accordingly, the Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 6/22/2026. (bt) (Entered: 06/22/2026)

#10

Jun 22, 2026

TEXT ORDER: This Court granted Petitioner Vicente Trinidad Palillero's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and ordered Respondents to provide Petitioner with a bond hearing. D.E. 7 . The Court has reviewed Respondents' status report, which establishes that Petitioner was provided a bond hearing. D.E. 8 . Accordingly, the Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 6/22/2026. (bt) (Entered: 06/22/2026)

Jun 22, 2026

QC - Incorrect Entry made by Clerk's Office Staff

Jun 22, 2026

Text Order

Jun 22, 2026

Terminate Civil Case

Jun 22, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please note the Text Order attached to docket entry 9 filed by the Clerk's office on 6/22/2026 was docketed in error. Please disregard. (bt)

Jun 22, 2026

***Civil Case Terminated. (wh)

#11

Jun 24, 2026

Letter

#12

Jul 08, 2026

Motion to Quash/Compel/Enforce

Jul 10, 2026

Set/Reset Motion and R&R Deadlines/Hearings