District of New Jersey • 1:26-cv-06855

#1

Jun 10, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17523255.), filed by NICOLAS CARRANZA HERRERA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Brief, # 14 Civil Cover Sheet, # 15 Certificate of Service, # 16 Supplement Notice of Appearance, # 17 Supplement Order to Show Cause)(SANTAMARIA, STERLING) (Entered: 06/10/2026)

#2

Jun 10, 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 6/10/2026. (dmw ) (Entered: 06/10/2026)

#3

Jun 10, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Nicolas Carranza Herrera's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. Dkt. No. 1, ("Petition"). Petitioner alleges his bond hearing before an Immigration Court failed to comport with due process and seeks release from custody. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. The parties shall meet and confer to obtain and file a copy of the bond hearing transcript. Respondents shall file an expedited answer to the Petition within 7 days. Petitioner may file a reply brief within 3 days of the filing date of the answer. So Ordered by Chief Judge Renee Marie Bumb on 06/10/2026. (Costigan, Roberta) (Entered: 06/10/2026)

Jun 10, 2026

Order

Jun 10, 2026

Add and Terminate Judges

Jun 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 10, 2026

Chief Judge Renee Marie Bumb added. (dmw )

#4

Jun 12, 2026

Notice of Appearance

#5

Jun 17, 2026

Letter

#6

Jun 20, 2026

Letter

#7

Jun 22, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2241 alleging his bond hearing pursuant to 8 U.S.C. 1226 (a) before an Immigration Judge ("IJ") violated his right to due process. Dkt. No. 1 ("Petition"). Petitioner contends the IJ's denial of his request for release on bond was arbitrary and capricious because the IJ based her decision on one instance of careless driving, one instance of following another vehicle too closely, failure to have his vehicle inspected, and his failure to timely depart the United States once his lawful period of stay expired. Id. at 3-4. Respondents filed an answer in opposition to the Petition. Dkt. No. 5 ("Answer"); see also Dkt. No. 5-4, Ex. D ("Bond Hearing Transcript"). Respondents argue Petitioner's bond hearing satisfied due process because the IJ conducted an adversarial proceeding in which she considered evidence submitted by both parties and made an individualized finding that Petitioner failed to carry his burden to show he was not a flight risk or a danger to the community. Answer at 1. Respondents further contend this Court lacks authority to review the IJ's discretionary bond determination. Id. In reply, Petitioner argues he is challenging the fundamental fairness of the hearing, not asking the Court to reweigh evidence. Dkt. No. 6 at 1. This Court lacks jurisdiction to review discretionary determinations underlying the immigration judge's bond decision, such as the IJ's reliance on Petitioner's traffic violations in finding him to pose a danger to the community. Upon review of the Bond Hearing Transcript, Petitioner was provided with the due process required, including: (1) factfinding based on a record disclosed to him and produced before the decisionmaker; (2) an opportunity to make arguments on his own behalf; and (3) an individualized determination of his interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). Accordingly, the Clerk shall CLOSE this matter. So Ordered by Chief Judge Renee Marie Bumb on 06/22/2026. (Costigan, Roberta) (Entered: 06/22/2026)

Jun 22, 2026

Terminate Civil Case

Jun 22, 2026

Order