District of New Jersey • 2:26-cv-06856

#1

Jun 10, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17523268.), filed by MOISES AGUSTIN LOPEZ HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A - Notice to Appear, # 3 Exhibit Exhibit B - Bond Hearing Denial Order, # 4 Exhibit Exhibit C - ICE Detainee Locator, # 5 Exhibit Exhibit D - EOIR Hotline, # 6 Exhibit Exhibit E- Detention Center Med Records, # 7 Exhibit Exhibit F - Psych Reports)(GONTARYUK, ALEKSANDRA) (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. (mfr) (Entered: 06/10/2026)

#3

Jun 10, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner is presently detained pursuant to 8 U.S.C. § 1226(a) and has remained in immigration custody for approximately twelve months while his removal proceedings and appeal before the Board of Immigration Appeals remain pending. Although Petitioner received an initial bond hearing before an Immigration Judge in August of 2025, the length of his continued detention without a subsequent custody determination now raises due process concerns. See German Santos v. Warden Pike Cnty. Corr. Facility, 965 F.3d 203, 210-13 (3d Cir. 2020) (holding that prolonged detention under § 1226 may become unreasonable and require additional procedural safeguards). In reaching this conclusion, the Court has considered Petitioner's allegations concerning the conditions of confinement at Delaney Hall only insofar as they bear on the constitutional reasonableness of his continued detention under the fourth German Santos factor. The Court does not reach Petitioner's independent Fifth Amendment conditions-of-confinement and medical-care claims because resolution of those claims is unnecessary to the disposition of the Petition, and those claims remain stayed pending further proceedings in Washington v. The Geo Group, Inc., Civil Action No. 26-6466. Accordingly, it is ORDERED that Respondents shall provide Petitioner with an individualized bond hearing before an Immigration Judge within seven (7) days of the entry of this Order; and it is further ORDERED that, at such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner's continued detention is necessary because he poses a danger to the community or a risk of flight that cannot be adequately mitigated through conditions of release. Within three (3) days of the bond hearing, Respondents shall file a letter advising the Court of the outcome. It is further ORDERED that Petitioner's request for immediate release is DENIED WITHOUT PREJUDICE; should Respondents fail to provide the bond hearing required by this Order within seven (7) days, Petitioner may file a renewed request for immediate release; and Petitioner's request for attorneys' fees and costs is DENIED. The conditions of confinement claim is stayed pending a decision in Washington v. The Geo Group, Inc., Civil Action No. 26-6466. Petitioner shall not be transferred from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 6/10/2026. (sms) (Entered: 06/10/2026)

Jun 10, 2026

Case Assigned to Judge Jamel K. Semper. (mfr)

Jun 10, 2026

Order to Answer

Jun 10, 2026

QC - Attorney Case Opening

Jun 10, 2026

Case Assigned/Reassigned

Jun 10, 2026

QC - Fillable PDF

Jun 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action: The Cause of Action for this case is 28:2241 Petition for Writ of Habeas Corpus (Federal);Party Information: Parties in this case must be entered as Respondents, not Defendants. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jun 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The Petition 1 filed by Petitioner on 6/10/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mfr)

#4

Jun 18, 2026

Letter

#5

Jun 19, 2026

Notice of Appearance

#6

Jun 20, 2026

Letter

#7

Jun 21, 2026

Letter

#8

Jun 22, 2026

Letter

#9

Jun 24, 2026

Letter