District of New Jersey • 2:26-cv-06456

#1

Jun 02, 2026

First PETITION for Writ of Habeas Corpus BENZEL, Et all ( Filing fee $ 5 receipt number ANJDC-17494202.), filed by ANDRES EDUADOR CUNDUMI ESCOBAR. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 06/02/2026)

#2

Jun 02, 2026

First MOTION for Temporary Restraining Order BENZEL, Et all by ANDRES EDUADOR CUNDUMI ESCOBAR. (DUQUE-ISERN, STEPHANIE) (Entered: 06/02/2026)

#3

Jun 02, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A bond hearing shall be conducted on or before June 4 at 10:00am, unless by June 3 at 5:00pm, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882); and Ortega Alvarez v. Noem (2:25-cv-17401). The Respondents shall file a status update letter on or before June 4 at 4:00pm. In addition to what is set out above, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on June 3. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 6/2/2026. (ro, ) (Entered: 06/02/2026)

Jun 02, 2026

Judge Michael E. Farbiarz added. (jml, )

Jun 02, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 02, 2026

Add and Terminate Judges

#4

Jun 03, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS (MAGGIO, KEVIN) (Entered: 06/03/2026)

#5

Jun 03, 2026

DECLARATION of Civil Chief re 3 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (BASIAK, JOHN) (Entered: 06/03/2026)

#6

Jun 03, 2026

DECLARATION of of Deputy Field Office Director re 3 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (MAGGIO, KEVIN) (Entered: 06/03/2026)

#7

Jun 03, 2026

Response to Habeas Petition

#8

Jun 05, 2026

TEXT ORDER: The Petitioner shall file a reply to the Respondents' response at ECF 7 on or before June 9. So Ordered by Judge Michael E. Farbiarz on 6/5/26. (ro, ) (Entered: 06/05/2026)

#9

Jun 05, 2026

Reply to Response (NOT Motion)

Jun 05, 2026

Text Order

#10

Jun 15, 2026

TEXT ORDER: In his filings at ECF 1 and 2, the Petitioner argues that the manner in which the Respondents re-detained him, after he was previously granted humanitarian parole under 8 U.S.C. § 1182(d)(5)(A), violates his Due Process rights, the Administrative Procedure Act, and the Accardi doctrine. See, e.g., ECF 1 at 11-113, 15-16. Courts across the country have concluded that some individualized assessment (as to dangerousness, risk of flight, and/or changed circumstances) is generally required in connection with the undoing of a non-citizen's previously-ordered release on parole. See, e.g., Rodriguez-Acurio v. Almodovar, 811 F. Supp. 3d 274 (E.D.N.Y. 2025); Munoz Materano v. Arteta, 804 F. Supp. 3d 395 (S.D.N.Y 2005); Flores Salazar v. Moniz, 2025 WL 1703516 (D. Mass. June 11, 2025); Gomez Villalobos v. Crawford, 2026 WL 1165576 (E.D. Va. Apr. 29, 2026); cf. also 06/05/2026 Text Order (ECF 28), Nunez-Florez v. Soto, Case No. 2:26-cv-02752 (D.N.J. June 5, 2026). In this case, the Respondents have not come forward with any information as to (i) whether any individualized assessment has been made, and (ii) if so, when and by whom the assessment was made. And in the absence of such information, it is not clear that the Petitioner's re-detention is consistent with the relevant regulations (as Accardi and the Administrative Procedure Act generally require), or the United States Constitution (as interpreted in Mathews v. Eldridge, 424 U.S. 319 (1976)). On or before June 17, the Respondents shall file a letter that lays out all of the relevant factual information at (i) and (ii) and fully explains their legal position. The Petitioner shall respond on or before June 19. So Ordered by Judge Michael E. Farbiarz on 6/15/2026. (ro, ) (Entered: 06/15/2026)

Jun 15, 2026

Text Order

#11

Jun 17, 2026

Letter

#12

Jun 19, 2026

Letter

#13

Jun 25, 2026

Order

#14

Jun 26, 2026

Letter

#15

Jun 26, 2026

Letter

#16

Jul 06, 2026

Exhibit (to Document)

#17

Jul 10, 2026

Letter

#18

Jul 14, 2026

TEXT ORDER: The Respondents shall provide two pieces of information on or before July 20 at 5:00pm. First, a copy of the written notice (if any) that was provided to the Petitioner upon or soon after his June 1, 2026 detention, and the legal authority supporting the proposition that such written notice satisfies the requirements of 8 C.F.R. § 212.5(e)(2)(i). Second, the Respondents shall, through an affidavit, indicate (i) the title of the individual who determined that the Petitioner would be detained on or about June 1, 2026; (ii) legal authority supporting the notion that this individual was one of the officers described 8 C.F.R. § 212.5(a); and (iii) whether and when one of the requisite determinations laid out by 8 C.F.R. § 212.5(e)(2)(i) --- as to the purposes of the Petitioner's parole, and/or the public benefit of the Petitioner's release --- was made by an appropriate authority. So Ordered by Judge Michael E. Farbiarz on 7/14/26. (ro, ) (Entered: 07/14/2026)

Jul 14, 2026

Text Order

#19

Jul 20, 2026

Letter

#20

Jul 21, 2026

Letter

#21

Jul 23, 2026

Opinion AND Order

#22

Jul 23, 2026

TEXT ORDER: The Respondents shall file a status update on or before 6:00pm today confirming that the Petitioner has been released. So Ordered by Judge Michael E. Farbiarz on 7/23/26. (ro, ) (Entered: 07/23/2026)

#23

Jul 23, 2026

Status Report

Jul 23, 2026

Text Order

#24

Jul 24, 2026

TEXT ORDER: In light of the Petitioner's release from custody, see ECF 23, it appears that this case should be closed. Any party that objects to this course of action shall file a short letter on or before July 28 at 5:00pm. If no letter is received before the deadline, this case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 7/24/26. (ro, ) (Entered: 07/24/2026)

Jul 24, 2026

Text Order

#25

Jul 29, 2026

TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 3 is lifted, and the Clerk of Court is directed to close this case. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (wh) (Entered: 07/29/2026)

Jul 29, 2026

Order of Dismissal