Eastern District of Pennsylvania • 2:26-cv-03586

#1

May 18, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17435755.), filed by JOSE GABRIEL TORRES DURAN. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(MONTERO, FRANKLIN) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/18/2026)

#2

May 18, 2026

Emergency MOTION for Temporary Restraining Order by JOSE GABRIEL TORRES DURAN. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/18/2026)

#3

May 18, 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 5/18/2026. (jml, ) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/18/2026)

May 18, 2026

Judge Evelyn Padin added. (jml, ) [Transferred from New Jersey on 5/26/2026.]

#4

May 20, 2026

TEXT ORDER: Petitioner Jose Gabriel Torres Duran filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Along with his Petition Petitioner also filed a motion for a temporary restraining order seeking an order enjoining his transfer or removal from outside the District of New Jersey and for his immediate release. D.E. 2 ("TRO Motion"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within five days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, 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) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within five days of this order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). The Clerk shall DISMISS as MOOT the TRO Motion, D.E. 2, because the Court has enjoined Petitioner transfer from New Jersey and ordered an expedited resolution of this matter. So Ordered by Judge Evelyn Padin on 5/20/2026. (bt) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/20/2026)

#5

May 23, 2026

Letter from United States Attorney's Office re: Letter Motion to Dismiss or Transfer for Lack of Jurisdiction. (Attachments: # 1 Exhibit A - May 18, 2026 Form I-200, # 2 Exhibit B - May 18, 2026 Form I-213, # 3 Exhibit C - May 22, 2026 Form I-830)(JUDKA, ALEXANDER) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/23/2026)

#6

May 23, 2026

NOTICE of Appearance by ALEXANDER JUDKA on behalf of TODD BLANCHE, MARCOS CHARLES, TODD LYONS, MARKWAYNE MULLIN, ERIC ROKOSKY (JUDKA, ALEXANDER) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/23/2026)

#7

May 26, 2026

ORDER transferring case to the U.S. District Court for the Eastern District of Pennsylvania. Signed by Judge Evelyn Padin on 5/26/2026. (dnw) [Transferred from New Jersey on 5/26/2026.] (Entered: 05/26/2026)

#8

May 26, 2026

Case transferred in from District of New Jersey; Case Number 2:26-cv-05683. Original file certified copy of transfer order and docket sheet received. (Entered: 05/26/2026)

May 26, 2026

***Civil Case Terminated. (dnw) [Transferred from New Jersey on 5/26/2026.]

May 26, 2026

Terminate Civil Case

#9

Jun 01, 2026

Notice of Appearance

#10

Jun 08, 2026

Pro Hac Vice (Credit Card Payment)

#11

Jun 09, 2026

Order on Motion for Pro Hac Vice (Credit Card Payment)

Jun 10, 2026

Remark

#12

Jun 11, 2026

Response to Habeas Petition

#13

Jun 13, 2026

Memorandum

#14

Jun 30, 2026

Memorandum and/or Opinion

#15

Jun 30, 2026

Memorandum and/or Opinion Order

Jul 01, 2026

Remark