District of New Jersey • 3:26-cv-06486

#1

Jun 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK54229.), filed by DAVID TORRES DE LA O. (Attachments: # 1 Exhibits, # 2 Envelope)(dmr3) (Entered: 06/04/2026)

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Jun 04, 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 6/4/2026. (jjc, ) (Entered: 06/04/2026)

Jun 04, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 04, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)

Jun 04, 2026

Notice of Judicial Preferences

#3

Jun 05, 2026

TEXT ORDER: This matter is before the Court on the pro se Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a citizen and native of Mexico, alleges that he entered the United States without inspection or parole approximately fifteen years ago. (Id. Para. 16.) According to Petitioner, he has been physically present in the United States for a continuous period of more than fifteen years, he is a person of good moral character, "he has one criminal convictions [sic]," and his wife is a U.S. citizen who would suffer exceptional and extremely unusual hardship in his absence. (Id. Para. 18.) Petitioner has worked to support himself and his family. (Id. Para. 23.) "Aside from his entry into the United States, and the DWI Mr. Torres has not violated any laws or ordinances." (Id. Para. 21; see also id. Para. 3 ("Mr. Torres only criminal records [sic] comes in the form of a DWI.").) In April 2026, Petitioner was encountered by immigration authorities and has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 14.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). Within forty-eight (48) hours of the time of entry of this Text Order, Respondents shall file a response addressing whether the Court should order that Petitioner be provided with a bond hearing before an immigration judge on the grounds that he could pose a flight risk or a danger to the community. Petitioner may file a reply within twenty-four (24) hours of the time of filing of Respondents' response. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 & 1 -2), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov and shall send Petitioner a copy of this Text Order by regular U.S. mail. So Ordered by Judge Georgette Castner on 6/5/2026. (jab,N.M.) (Entered: 06/05/2026)

Jun 05, 2026

Text Order

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Jun 07, 2026

Notice of Appearance

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Jun 07, 2026

Response (NOT Motion)

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Jun 09, 2026

TEXT ORDER: This matter is before the Court on Respondents' letter (ECF No. 5 ) and attached I-213 Record of Deportable/Inadmissible Alien (ECF No. 5 -1 ("I-213")), filed pursuant to this Court's June 5, 2026 Text Order (ECF No. 4 ) ordering Respondents to file a response addressing whether the Court should order that pro se Petitioner be provided with a bond hearing before an immigration judge ("IJ") on the grounds that he could pose a flight risk or a danger to the community. According to his I-213, on November 16, 2009, Petitioner was convicted in Lee County, Florida, for the offense of "DISORDERLY INTOX-PUBLIC PLACE CAUSE DISTURBANCE," for which he was sentenced to two days' imprisonment. (ECF No. 5 -1 at 2). On August 29, 2012, Petitioner was convicted in Monroe County, Florida, for the offenses of "DRIVING UNDER THE INFLUENCE and OPERATING MOTOR VEHICLE WITHOUT VALID LICENSE, for which a fine was imposed." (Id.) On October 16, 20212, an IJ granted Petitioner voluntary departure, and he departed the United States on October 23, 2012. (Id.) On September 20, 2025, Petitioner was encountered by U.S. Immigration and Customs Enforcement at the Lee County Jail following his arrest by "a 287g credentialed Lee County Deputy Sheriff while conducting normal patrol duties within Lee County." (Id.) Given Petitioner's history, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an IJ who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Petitioner shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. The Clerk of the Court shall send Petitioner a copy of this Text Order by regular U.S. mail. So Ordered by Judge Georgette Castner on 6/9/2026. (jmh) (Entered: 06/09/2026)

Jun 09, 2026

Text Order

Jun 09, 2026

Docket Annotation (public)

Jun 09, 2026

6 Text Order mailed to Petitioner via USPS on 6/9/2026. (jmh)

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Jun 22, 2026

Status Report

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Jul 03, 2026

Status Report

Jul 06, 2026

Order of Dismissal AND Text Order