District of New Jersey • 2:26-cv-07178

HERNANDEZ GONZALEZ v. MULLIN

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Case Information

Filed: June 16, 2026
Assigned to: Esther Salas
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 16, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17548221.), filed by LORENZO HERNANDEZ GONZALEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet JS44, # 2 Text of Proposed Order Proposed Order to Show Cause, # 3 Text of Proposed Order Proposed Habeas Order)(SANTANA, JOSE) (Entered: 06/16/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
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
Emergent Immigration Habeas Non-transfer Order
Jun 16, 2026
Judge Esther Salas added. (jml, )
Jun 16, 2026
Add and Terminate Judges
#3
Jun 17, 2026
TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a twenty-four year old native and citizen of Guatemala, entered the United States on or about 2016 at an unknown location, and has continuously resided in this country since his entry. (Pet. Paras. 1, 19-20). Petitioner has a prior arrest, and, on or about December 30, 2023, Petitioner was charged with "a borough ordinance of Disturbing the Peace under 439-9 and Obstruction Admin of Law under 2C:29-1A in Irvington, New Jersey," he paid "a fine for the borough ordinance of $200," and the obstruction charge was dismissed. (Id. Paras. 3-4). On June 12, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner outside of his Irvington home during a random enforcement operation and have detained him at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (Id. Paras. 2, 8). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and her Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). Given Petitioner's criminal history, the Court concludes that, in accordance with § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. The request for an order to show cause, (Pet. at 6), is DENIED as moot. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -3), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 6/17/2026. (ek) (Entered: 06/17/2026)
Jun 17, 2026
Text Order
#4
Jun 25, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Jun 26, 2026
Letter
Main Document: Letter
Jun 30, 2026
Text Order
Jun 30, 2026
Terminate Civil Case

Parties

HERNANDEZ GONZALEZ
Party
MULLIN
Party