District of New Jersey • 2:26-cv-06545
REYES-VILLATORO v. ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT
Active
Case Information
Filed: June 03, 2026
Assigned to:
Esther Salas
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 03, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 54226.), filed by MANOLO ROSARIO REYES-VILLATORO. (Attachments: # 1 Exhibit, # 2 Envelope)(N/M)(fbm) (Entered: 06/04/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
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 06/04/2026. (N/M)(fbm) (Entered: 06/04/2026)
Jun 04, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Jun 05, 2026
TEXT ORDER : This matter is before the Court onpro sePetitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ).Pursuant to the All Writs Act, see28 U.S.C. § 1651(a),Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Guatemala, alleges that he entered the United States in 2019 without inspection and has resided in this country since his entry. (Pet. Para. 11). Petitioner "has previous arrest[s]" which he disclosed to the Court in an exhibit attached to his Petition. (Id.Para. 12). According to the attached I-213 Record of Deportable/Inadmissible Alien, (D.E. No. 1-1 Ex. B ("I-213")), on July 2, 2023, Petitioner was arrested in Chapel Hill, Tennessee, for the offense of driving under the influence, and the case is still ongoing, (id.at 2). On April 23, 2026, Petitioner was arrested in Lee County, Florida, for the offense of operating a motor vehicle without a valid license and sentenced to 12 days imprisonment. (Id.). On April 25, 2026, U.S. Immigration and Customs Enforcement took Petitioner into custody at the Lee County jail, (id.), and he is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey, (Pet. Para. 14). Upon his arrest, Petitioner presented a bond request, but the immigration judge ("IJ") denied the request based on "Matter of Yajure Hurtado and the claim that petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)." (Pet. Para. 6). Basedon Petitioner's allegations and this Court's recent decision inDiaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing 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);Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025);Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). Given Petitioner's criminal history, the Court concludes that,in accordance with § 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).Respondents shall provide Petitioner notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and 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. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer.The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. 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 serve a copy of this Text Order upon Petitioner by regular U.S. Mail. (N/M). So Ordered by Judge Esther Salas on 6/5/2026. (ek) (Entered: 06/05/2026)
Jun 05, 2026
Text Order
#4
Jun 09, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#5
Jun 12, 2026
Letter
Main Document:
Letter
#6
Jul 06, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
Jul 06, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Parties
ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT
Party
REYES-VILLATORO
Party