District of New Jersey • 1:26-cv-07180

#1

Jun 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17548334.), filed by MARCO ANTONIO FERNANDEZ SAQUICELA. (Attachments: # 1 Exhibit ICE Notice To Appear, dated 10/07/2021, # 2 Exhibit BIA Interim Order, dated 04/29/2026, # 3 Exhibit ICE Locator Results, accessed on 06/16/2026, # 4 Exhibit ICE Notice of Custody Determination under 8 U.S.C. § 1226, dated 0/07/2021, # 5 Exhibit Declaration of Jorge E. Artieda dated 01/28/2026, # 6 Appendix Exhibit List, # 7 Text of Proposed Order Proposed Order, # 8 Civil Cover Sheet JS-44, # 9 Certification Notice of Appearance, # 10 Certificate of Service)(CAMILO, JASON) (Entered: 06/16/2026)

#2

Jun 16, 2026

MOTION for Order to Show Cause by MARCO ANTONIO FERNANDEZ SAQUICELA. (Attachments: # 1 Text of Proposed Order Proposed Order)(CAMILO, JASON) (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 6/16/2026. (jml, ) (Entered: 06/16/2026)

Jun 16, 2026

Chief Judge Renee Marie Bumb added. (jml, )

Jun 16, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 16, 2026

Add and Terminate Judges

#4

Jun 17, 2026

TEXT ORDER Petitioner alleges he is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within seven (7) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner is subject to detention under Section 1226(a). Therefore, in accordance with 8 U.S.C. 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. Section 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 06/17/2026. (Costigan, Roberta) (Entered: 06/17/2026)

Jun 17, 2026

Order

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Jun 23, 2026

Letter

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Jun 23, 2026

Notice of Appearance

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Jun 25, 2026

Letter

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Jun 29, 2026

Substitution of Attorney

#9

Jul 01, 2026

Letter

#10

Jul 02, 2026

Letter

#11

Jul 02, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's letter request for release from confinement based on an air conditioning malfunction in Delaney Hall Detention Facility during an extreme heat wave, which Petitioner alleges is a condition of confinement that violates the Constitution. Dkt. No. 10 ("Letter Request"). The parties shall meet and confer in an effort to resolve this issue and file a joint status report within 48 hours of entry of this Order. So Ordered by Chief Judge Renee Marie Bumb on 07/02/2026. (Costigan, Roberta) (Entered: 07/02/2026)

Jul 02, 2026

Order

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Jul 03, 2026

Letter

#13

Jul 04, 2026

TEXT ORDER In response to Petitioner's letter request seeking release from confinement based on an air conditioning malfunction in Delaney Hall Detention Facility during an extreme heat wave, this Court ordered the parties to meet and confer in an effort to resolve this matter. Dkt. No. 11 ("Text Order"). By email, the Court convened a status conference by telephone with counsel for the parties at approximately 10:00 a.m. on July 3, 2026. Due to the Court holiday, a court reporter was unavailable. Counsel for Respondents did not have additional information to report at that time. Counsel for Petitioner related that he had spoken to Petitioner's wife, who had spoken to Petitioner at 4:30 a.m. Petitioner told his wife the air conditioning in his housing unit was not functioning for a second night, and detainees were sleeping on the floor to stay cool and near the hallway to be closer to cool air. The Court directed the parties to consult with their clients and to provide an update as soon as possible.At 10:40 a.m., the Court received an email from counsel for Respondents, who spoke to his client and reported that: (1) one of five housing units, Unit 4, was currently affected by a building air conditioning outage and parts had been ordered to fix the air conditioning unit on a "rush" schedule; (2) a Supervisory Detention and Deportation Officer went room to room in Housing Unit 4 to ask each detainee whether they wanted to move to a different housing unit, and all detainees who wished to transfer units were moved to a unit with air conditioning; (3) to mitigate the outage, Delaney Hall brought in an industrial portable air conditioner for use in Housing Unit 4 and additional portable air conditioning units were ordered and would arrive in the facility today; and (4) there had been no reports of heat exhaustion or hospitalizations due to the temperature.The Court ordered counsel to convene for a status conference by telephone at noon on July 3, 2026. In that conference, Counsel for Respondents reported waiting to hear from their client concerning the number of detainees affected and the temperature in Housing Unit 4, but stated all detainees can move freely to air conditioned areas. Counsel for Respondents did not have specific information about Petitioner or his current location. Counsel for Petitioner, who had spoken to Petitioner's wife, reported that as of 4:30 a.m. Petitioner had not been asked if he wanted to transfer to another unit. Counsel for Petitioner noted his concern of power outages, reported by PSE&G, in the vicinity of Delaney Hall. The Court directed the parties to continue to gather information and questioned whether Petitioner wished to lift the no transfer order in his habeas proceeding to permit him to move to another facility. At 2:03p.m., counsel for Respondents submitted an email reporting that Petitioner was located within Housing Unit 4 and was offered transfer to another housing unit, but Petitioner declined. Further, Delaney Hall had obtained an additional ten mobile air conditioning units and was setting them up throughout the affected areas. Counsel for Respondents requested leave to file a brief in response to Petitioner's Letter Request for release, and the Court granted the request by email at 2:18 p.m. At 2:46 p.m., the Court received an email from Petitioner's counsel, who stated that he spoke with Petitioner's family, and Petitioner withdrew his request for immediate release. The Court scheduled a status conference by telephone for 4:00 p.m. In the 4:00 p.m. status conference, counsel for Petitioner represented that the air conditioning issue was resolved, and there were no remaining issues to be resolved in the case. Counsel for Respondents withdrew the request to file a brief in response to Petitioner's Letter Request, Dkt. No. 10, because the issue is moot. The Court stated its intention to close the case upon Petitioner's filing of his withdrawal of his Letter Request for release, Dkt. No. 10. The Court has preserved all emails referenced herein. Petitioner has withdrawn his request for immediate release under the Eighth Amendment. Dkt. No. 12 ("Petitioner's Withdrawal of Request"). All pending issues in this matter have been resolved. Accordingly, the case is CLOSED. So Ordered by Chief Judge Renee Marie Bumb on 07/04/2026. (Costigan, Roberta) (Entered: 07/04/2026)

Jul 04, 2026

Order

Jul 06, 2026

Terminate Civil Case