District of New Jersey • 2:26-cv-06255

#1

May 13, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Darwin Jesus Hernandez Juliao..(kgo) (Entered: 05/13/2026)

#2

May 13, 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returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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: 05/13/2026)

#3

May 13, 2026

ORDER TO ANSWER, 28 U.S.C. § 2241: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. The Court directs the Clerk of Court to mail a copy of this order to Petitioner's next friend Yenireet Coromoto Santander Das at the address listed on the docket sheet for this action. Next friend Yenireet Coromoto Santander Das may receive court documents by email by completing the form, Consent to Electronic Service, which is attached. The Court also directs the Clerk of Court to mail next friend Yenireet Coromoto Santander Das an information package. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 5/13/2026) (sgz) (Entered: 05/13/2026)

May 13, 2026

Case Designated ECF. (kgo)

May 13, 2026

Magistrate Judge Robert W. Lehrburger 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 13, 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)

#4

May 14, 2026

MOTION Request to docket the time the habeas petition was received by the Court's Pro Se Office or Clerk's Office . Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/14/2026)

#5

May 14, 2026

HABEAS PACKAGE MAILED to Darwin Jesus Hernandez Juliao 245-953-109 26 Federal Plaza New York, NY 10278, at, on 5/14/2026 Re: 3 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) (Entered: 05/14/2026)

#6

May 14, 2026

ORDER TO SHOW CAUSE: Accordingly, because it appears that Petitioner was not located in the Southern District of New York at the time this Petition was filed, the parties are ORDERED to show cause in writing by May 21, 2026, as to why this case should not be transferred in the interest of justice to the United States District Court for the District of New Jersey. See 28 U.S.C. §§ 1404(a), 1406(a). The Court directs the Clerk of Court to email a copy of this Order to Next Friend Yenireet Coromoto Santander Dias at the address on record. (Signed by Judge Jeannette A. Vargas on 5/14/2026) (sgz) (Entered: 05/14/2026)

May 14, 2026

MAILING RECEIPT: Document No: 2,3. Mailed to: DarwinJesusHernandez Juliao 245-953-109 26 Federal Plaza New York, NY 10278. (ml)

#7

May 15, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

#8

May 15, 2026

LETTER addressed to Judge Jeannette A. Vargas from Brandon M. Waterman dated May 15, 2026 re: Non-recusal letter. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

#9

May 15, 2026

LETTER addressed to Judge Jeannette A. Vargas from Brandon M. Waterman dated May 15, 2026 re: Response to the Court's questions set forth in the May 13 Order. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

#10

May 15, 2026

MOTION to Transfer Case or, Alternatively, to Dismiss. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

#11

May 15, 2026

MEMORANDUM OF LAW in Support re: 10 MOTION to Transfer Case or, Alternatively, to Dismiss. . Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

#12

May 15, 2026

DECLARATION of Deportation Officer Brian Chang in Support re: 10 MOTION to Transfer Case or, Alternatively, to Dismiss.. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/15/2026)

May 15, 2026

MAILING RECEIPT: Document No: 6. Mailed to: DarwinJesusHernandez Juliao 245-953-109 26 Federal Plaza New York, NY 10278. (anc)

#13

May 18, 2026

CERTIFICATE OF SERVICE of the Government's motion to transfer or dismiss served on Darwin Jesus Hernandez Juliao on May 18, 2026. Service was made by Mail and Certified Mail. Document filed by Todd Blanche, LaDeon Francis, Markwayne Mullins..(Waterman, Brandon) (Entered: 05/18/2026)

#14

May 28, 2026

TRANSFER ORDER granting 10 Motion to Transfer Case. The Court directs the Clerk of Court to transfer this action to the United States District Court for the District of New Jersey. To ensure that Petitioner has an opportunity to have this petition considered by the District of New Jersey, and to preserve that court's jurisdiction to rule on the Petition, the Court hereby ORDERS that Petitioner shall not be removed from the United States absent further court order. See, e.g., Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). The Court waives Local Civil Rule 83.1, which requires a seven-day delay before the Clerk of Court may transfer a case, and directs immediate transfer. The United States Attorney is directed forthwith to alert the Chief of the Civil Division United States Attorney's Office for the District of New Jersey of the transfer of this matter. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address on record. This order closes the case in the Southern District of New York. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 5/28/2026) (jjc) Modified on 5/28/2026 (jjc). (Entered: 05/28/2026)

#15

May 28, 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. (jjc) (Entered: 05/28/2026)

#16

May 29, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-03977. Original file certified copy of transfer order and docket sheet received. (Entered: 05/29/2026)

#17

May 29, 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 5/29/2026. (ps) (Entered: 05/29/2026)

#18

May 29, 2026

TEXT ORDER - Before the Court is Petitioner Darwin Jesus Hernandez Juliao's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Venezuela, who entered the United States in April 2024 and was subsequently released into the country, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he was previously released into the country and was re-detained years later on the interior of the country. As such, his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2), which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 5/29/2026. (kd) (Entered: 05/29/2026)

May 29, 2026

Case Assigned/Reassigned

May 29, 2026

Emergent Immigration Habeas Non-transfer Order

May 29, 2026

Text Order

May 29, 2026

Case Assigned to Judge Julien Xavier Neals. (ps)

#19

May 31, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, LADEON FRANCIS, MARKWAYNE MULLINS (CARRARA, CHRISTIAN) (Entered: 05/31/2026)

#20

Jun 01, 2026

Letter from Respondents Re. Expedited Answer to Petition. (Attachments: # 1 Exhibit May 13, 2026 Form I-213, # 2 Exhibit April 6, 2024 Order of Release on Recognizance, # 3 Exhibit Arrest Report, # 4 Exhibit May 12, 2026 Warrant for Arrest, # 5 Exhibit May 13, 2026 Notice of Custody Determination)(CARRARA, CHRISTIAN) (Entered: 06/01/2026)