District of New Jersey • 2:26-cv-06633

#1

Jun 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17511145.), filed by JOSE LEONARDO VIERA SANCHEZ.(KAPITONOV, PETER) (Entered: 06/06/2026)

#2

Jun 06, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by JOSE LEONARDO VIERA SANCHEZ. (KAPITONOV, PETER) (Entered: 06/06/2026)

#3

Jun 06, 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 9 at 10:00am, unless by June 8 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 10 at noon. 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 8. 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 6/6/26. (ro, ) (Entered: 06/06/2026)

Jun 06, 2026

Add and Terminate Judges

Jun 06, 2026

Judge Michael E. Farbiarz added. (jml, )

Jun 06, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 07, 2026

DECLARATION of Civil Chief re 3 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (BASIAK, JOHN) (Entered: 06/07/2026)

#5

Jun 07, 2026

DECLARATION of Ruben Perez, Jr., Deputy Field Office Director by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (DOYNE, BROOKS) (Entered: 06/07/2026)

#6

Jun 08, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS (CARRARA, CHRISTIAN) (Entered: 06/08/2026)

#7

Jun 08, 2026

Letter from Respondents Re. Expedited Answer to ECF No. 3. (Attachments: # 1 Exhibit June 5, 2026 Form I-213, # 2 Exhibit June 5, 2026 Form I-862, # 3 Exhibit June 5, 2026 Notice of Custody Determination, # 4 Exhibit June 5, 2026 Warrant for Arrest)(CARRARA, CHRISTIAN) (Entered: 06/08/2026)

Jun 08, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mj)

Jun 08, 2026

QC - Civil Cover Sheet JS44

#8

Jun 18, 2026

TEXT ORDER: The parties' filings at ECF 1, 2, and 7 indicate that the Petitioner in this case was taken into immigration custody on June 5, 2026, see ECF 7 at 2, after the Petitioner overstayed his visa. See id. Thus, it is uncontested that the "Petitioner's detention arises under [8 U.S.C.] § 1226." See id. But per the Respondents, the Petitioner declined a custody re-determination hearing when presented with the opportunity for such review. See id. Accordingly, to the extent that the Petitioner is seeking a bond hearing pursuant to Section 1226, the Respondents are correct in asserting that he must request one using the proper administrative channels before seeking further relief from this Court. See Kollie v. Bondi, 2026 WL 1290660, at *2 (D.N.J. May 12, 2026) (citing Duvall v. Elwood, 336 F. 3d 228, 233-34 (3d Cir. 2003)). Nevertheless, the Petitioner's request for habeas relief here does not appear to focus on a bond hearing. Rather, the Petitioner primarily appears to argue that because his June 2026 detention was not accompanied by a "pre-deprivation," "contemporaneous, individualized custody determination" as to his immigration status, dangerousness, or risk of flight, his detention runs afoul of the Fourth Amendment, the Due Process Clause, the Accardi doctrine, and relevant provisions of the INA and accompanying regulations (including but not limited to 8 U.S.C. § 1357). See, e.g., ECF 1 at 25-26; but cf. id. at 27-30 (arguing that the Respondents are detaining the petitioner under one of the mandatory detention provisions of Section 1225(b)). On or before June 22 at 10:00am, the Respondents shall file another letter responding to these claims. The Petitioner shall file a reply on or before June 24 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 6/18/26. (ro, ) (Entered: 06/18/2026)

Jun 18, 2026

Text Order

#9

Jun 22, 2026

Letter

#10

Jun 26, 2026

TEXT ORDER: In its Text Order at ECF 8, the Petitioner was directed to "file a reply" to the Respondents' opposition to his habeas petition "on or before June 24 at 10:00am." Id. But as of June 26, the Petitioner has yet to do so. If the Petitioner does not file a reply by June 30 his Petition at ECF 1 and Motion at ECF 2 will be dismissed for lack of prosecution. So Ordered by Judge Michael E. Farbiarz on 6/26/26. (ro, ) (Entered: 06/26/2026)

Jun 26, 2026

Text Order

#11

Jul 01, 2026

Letter