District of New Jersey • 2:26-cv-07150

#1

Jun 15, 2026

PETITION RECEIVED for Writ of Habeas Corpus, filed by MIGUEL POP-CHOC. (Attachments: # 1 Application IFP, # 2 Notice of filing, # 3 Memorandum, # 4 Exhibit, # 5 Declaration, # 6 Certificate of Service)(n/m)(vm) Modified on 6/17/2026 (mj). (Entered: 06/16/2026)

#2

Jun 15, 2026

MOTION for Temporary Restraining Order by MIGUEL POP-CHOC. (vm) (Entered: 06/16/2026)

#3

Jun 16, 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 6-16-26. (vm) (Entered: 06/16/2026)

Jun 16, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 17, 2026

AMENDED PETITION RECEIVED for Writ of Habeas Corpus, filed by MIGUEL POP-CHOC. (Attachments: # 1 Declaration, # 2 Exhibit) (Received via ADS) (mj) (Entered: 06/17/2026)

#5

Jun 17, 2026

TEXT ORDER: This matter comes before the Court upon pro se Petitioner Miguel Pop-Choc's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful and in violation of his liberty interest under the Due Process Clause of the Fifth Amendment. Petition. Along with his Petition, Petitioner also filed a motion for a temporary restraining order seeking an order enjoining his transfer or removal from outside the District of New Jersey and for his immediate release. D.E. 2 ("TRO Motion"). Petitioner also submitted an application to proceed in forma pauperis under 28 U.S.C. § 1915(a) in lieu of the filing fee. D.E. [1-1] ("IFP App."). Petitioner has not established that he is unable to pay the $5 filing fee required by 28 U.S.C. § 1914(a). Therefore, the Court will defer ruling on Petitioner's IFP application pursuant to Brown v. Sage, 941 F.3d 655, 660 (3d Cir. 2019) ("a court has the discretion to consider the merits of a case and evaluate an IFP application in either order or even simultaneously."). To avoid administrative dismissal of this action, Petitioner shall pay the $5 filing fee or submit a properly completed IFP application on this Court's Form AO-239, within seven days.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. Respondents shall file an expedited answer to the Petition within five days. Petitioner may file a reply brief within three days of the filing date of the answer. The Clerk shall serve a copy of this order and a blank IFP application, Form AO-239, on Petitioner by regular U.S. mail. The TRO Motion, D.E. 2, is DISMISSED as MOOT because the Court has enjoined Petitioner's transfer from New Jersey and ordered an expedited resolution of this matter.. So Ordered by Judge Evelyn Padin on 06/17/2026. (lr, ) (Entered: 06/17/2026)

Jun 17, 2026

Text Order

#8

Jun 18, 2026

APPLICATION to proceed IN FORMA PAUPERIS by MIGUEL POP-CHOC. (Received via ADS) (sm) (Entered: 06/23/2026)

#6

Jun 22, 2026

NOTICE of Appearance by STEVEN MILLER on behalf of ACTING DIRECTOR, ATTORNEY GENERAL OF THE UNITED STATES, FIELD OFFICE DIRECTOR, SECRETARY, WARDEN (MILLER, STEVEN) (Entered: 06/22/2026)

#7

Jun 22, 2026

Letter from Respondents with Answer to Petition. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit NTA, # 3 Exhibit Form I-261)(MILLER, STEVEN) (Entered: 06/22/2026)

Jun 23, 2026

CLERK'S QUALITY CONTROL MESSAGE - The documents submitted by MIGUEL POP-CHOC via ADS on 6/22/2026 contain the following deficiencies: DUPLICATE OF ECF NO. 8 . PLEASE REFRAIN FROM SUBMITTING DUPLICATE FILINGS. Please refer to the ADS guidelines and resubmit in accordance with ADS procedures. (adc, )

Jun 23, 2026

CLERK'S QUALITY CONTROL MESSAGE - The documents submitted by MIGUEL POP-CHOC via ADS on 6/19/2026 contain the following deficiencies: DUPLICATE OF ECF NO. 8 . PLEASE REFRAIN FROM SUBMITTING DUPLICATE FILINGS. Please refer to the ADS guidelines and resubmit in accordance with ADS procedures. (adc, )

Jun 23, 2026

QC - ADS Deficiency

#9

Jun 24, 2026

TEXT ORDER: Petitioner Miguel Pop-Choc filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Respondents filed an answer wherein they stipulated that Petitioner's factual allegations are not materially distinguishable from the cases in this district previously addressing § 1225(b) and that Petitioner does not have a criminal record. D.E. 5 ("Answer") at 1, n.1, 3; D.E. [7-1], Ex. 1 at 2.Therefore, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. Respondents shall release Petitioner within 24 hours of this Order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. §§ 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 6/24/2026. (bt) (Entered: 06/24/2026)

Jun 24, 2026

Text Order

#10

Jun 25, 2026

Letter

Jul 10, 2026

Terminate Civil Case

Jul 10, 2026

Text Order