District of New Jersey • 2:26-cv-06040

ORTIZ VERGARA v. JOYCE

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Case Information

Filed: May 27, 2026
Assigned to: Claire Claudia Cecchi
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 01, 2026
Parties: View All Parties →

Docket Entries

#1
May 27, 2026
PETITION for Writ of Habeas Corpus, filed by TONY JOFFRE ORTIZ VERGARA. (Attachments: # 1 Application IFP, # 2 Letter, # 3 License, # 4 Passport) (RECEIVED VIA ADS)(adc, ) (Entered: 05/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 27, 2026
MOTION for Temporary Restraining Order by TONY JOFFRE ORTIZ VERGARA. (RECEIVED VIA ADS) (adc, ) (Entered: 05/27/2026)
Main Document: Temporary Restraining Order
#3
May 27, 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 5/27/2026. (adc, ) Modified on 5/27/2026 (adc, ). (Entered: 05/27/2026)
May 27, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Jun 04, 2026
EMERGENCY NOTICE OF CHANGED CIRCUMSTANCES AND SUPPLEMENTAL MOTION FOR IMMEDIATE RELEASE by TONY JOFFRE ORTIZ VERGARA. (Received via ADS) (sks) (Entered: 06/08/2026)
Main Document: Notice (Other)
#5
Jun 12, 2026
EMERGENCY MOTION FOR IMMEDIATE RELEASE FROM UNCONSTITUTIONALIMMIGRATION DETENTION by TONY JOFFRE ORTIZ VERGARA. (ADS) (lag, ) (Entered: 06/12/2026)
Main Document: Miscellaneous Relief
Jun 12, 2026
Set Deadlines as to 5 MOTION. Motion set for 7/6/2026 before Judge Claire C. Cecchi. 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. (lag, )
Jun 12, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#6
Jun 16, 2026
Emergency Application for Order to Show Cause by TONY JOFFRE ORTIZ VERGARA. (ld)(Received via ADS) (Entered: 06/16/2026)
Main Document: Application/Petition
#7
Jun 24, 2026
TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus, two motions for emergency injunctive relief, and an application for an order to show cause. ECF Nos. 1-2, 5-6. As an initial matter, Petitioner seeks to proceed in forma pauperis. ECF No. 1-1. That application (ECF No. 1-1) is hereby GRANTED. Petitioner appears to allege that he is unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 at 3; ECF No. 2 at 2; ECF No. 6 at 7. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) 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 he presents a flight risk or a danger to the community in accordance with 8 C.F.R. 236.1(c)(8) and (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. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). In light of the relief provided herein, Petitioner's emergency motions and application for an order to show cause (ECF Nos. 2, 5-6) are DENIED as moot. In addition, to the extent Petitioner raises conditions of confinement claims based on alleged conditions at Delaney Hall, see, e.g. ECF No. 4 at 1, those claims are stayed pending a decision in Washington v. Geo Group, No. 26-cv-6466 (D.N.J. filed June 2, 2026). So Ordered by Judge Claire C. Cecchi on 6/24/2026. (jl, ) (Entered: 06/24/2026)
Jun 24, 2026
Text Order AND ~Util - Terminate Motions
#8
Jul 01, 2026
Notice of Appearance
Main Document: Notice of Appearance

Parties

JOYCE
Party
ORTIZ VERGARA
Party