District of New Jersey • 2:26-cv-07830

#1

Jun 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17589716.), filed by JUAN LOOR SOLIZ. (Attachments: # 1 Civil Cover Sheet)(MAJOR, LAUREN) (Entered: 06/26/2026)

#2

Jun 26, 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 6/26/2026. (jml, ) (Entered: 06/26/2026)

Jun 26, 2026

Judge Edward S. Kiel added. (jml, )

#3

Jun 30, 2026

TEXT ORDER REALLOCATING AND REASSIGNING CASE. Case reassigned to Judge Evelyn Padin for all further proceedings. Judge Edward S. Kiel no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 6/30/2026. (jr) (Entered: 06/30/2026)

#4

Jun 30, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Juan Loor Soliz's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. D.E. 1 ("Petition"). Petitioner challenges his prolonged detention by immigration authorities as unlawful and seeks immediate release. 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. Within three days of this Order, Respondents shall either file an expedited answer to the Petition, including an affidavit from an official with personal knowledge of Petitioner's removal plan, or release Petitioner. So Ordered by Judge Evelyn Padin on 6/30/2026. (bt) (Entered: 06/30/2026)

Jun 30, 2026

Text Order

Jun 30, 2026

Order Reassigning Case

#5

Jul 06, 2026

NOTICE of Appearance by KATHERINE FERRARA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (FERRARA, KATHERINE) (Entered: 07/06/2026)

#6

Jul 06, 2026

RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(FERRARA, KATHERINE) (Entered: 07/06/2026)

#7

Jul 13, 2026

REPLY to Response re 6 Response to Habeas Petition. (MAJOR, LAUREN) (Entered: 07/13/2026)

#8

Jul 15, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Juan Loor Soliz's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Second Petition"), Respondents' response, D.E. 6 ("Response"), and Petitioner's reply, D.E. 7 ("Reply"). Petitioner seeks immediate release, contending that his detention--which has now exceeded nine months--violates the Due Process Clause. Second Petition at 6-23.Petitioner asserts that he fled Ecuador after repeated violence left him with head trauma, partial facial paralysis, nerve damage, memory loss, frequent and severe headaches, post-traumatic stress disorder, depression, and anxiety. Id. at 24. He further asserts that, while detained at Delaney Hall, he has been pepper sprayed, subjected to homophobic harassment, and exposed to substandard conditions that have exacerbated those conditions. Id. at 24-25; Reply at 2-3, 8. Petitioner was previously released on parole, and he appeared for his credible-fear interview before he was taken into custody on October 3, 2025. Second Petition at 24-25. An Immigration Judge subsequently denied his application for asylum, and his appeal remains pending before the Board of Immigration Appeals. Id. at 25; Response at 2. Respondents acknowledge that Petitioner is not subject to a final order of removal and that they cannot provide a removal plan at this time. Response at 1-2.Before resolving the Second Petition, the parties are ORDERED to meet-and-confer regarding whether Petitioner would be a candidate for release through the Alternative to Detention Program, including any conditions of supervision that may be appropriate. The parties shall file a joint letter on or before 7/20/2026 stating their respective positions. If Respondents contend that Petitioner is not a candidate for the Program, they shall explain the factual and legal bases for that position and identify any conditions of release they contend would be insufficient to address their concerns. So Ordered by Judge Evelyn Padin on 7/15/2026. (wh) (Entered: 07/15/2026)

Jul 15, 2026

Text Order

#9

Jul 20, 2026

Letter from Parties. (FERRARA, KATHERINE) (Entered: 07/20/2026)

#10

Jul 24, 2026

TEXT ORDER: This matter is before the Court on Petitioner Juan Loor Soliz's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), Respondents' response, D.E. 6 ("Response"), Petitioner's reply, D.E. 7 ("Reply"), and the parties' joint status report, D.E. 9 ("Status Report"). On 7/15/2026, the Court directed the parties to meet and confer regarding whether Petitioner would be a candidate for release through the Alternative to Detention Program. D.E. 8 ("July 15 Order"). The parties conferred but could not reach a resolution. Status Report at 1-2.Petitioner has been detained under 8 U.S.C. § 1226(a) since October 3, 2025, while his appeal from an Immigration Judge's removal order remains pending before the Board of Immigration Appeals. Petitioner received an individualized bond hearing on February 26, 2026, after which the Immigration Judge denied bond based on a finding that Petitioner presented a flight risk. Petitioner contends that his continued detention, which now approaches ten months, violates the Due Process Clause. He further contends that the conditions of his confinement are harming his physical and mental health and that any flight risk could be mitigated through reporting requirements and other conditions imposed under the Alternative to Detention Program. Respondents contend that Petitioner has received the process required under § 1226(a) and that release through the Program is inappropriate. Status Report at 1-2.In Borbot v. Warden Hudson County Correctional Facility, the Third Circuit held that the duration of detention alone cannot "sustain a due process challenge by a detainee who has been afforded the process contemplated by § 1226(a) and its implementing regulations." 906 F.3d 274, 277 (3d Cir. 2018). Here, however, Petitioner does not rely on the duration of his detention alone. Petitioner alleges that he is gay and nonbinary and fled Ecuador after suffering repeated physical and psychological violence and threats. Petition at 23-24. He alleges that this violence caused head trauma, partial facial paralysis, nerve damage, memory loss, severe headaches, post-traumatic stress disorder, depression, and anxiety. Id. During his confinement at Delaney Hall, Petitioner allegedly has experienced homophobic harassment and mistreatment that caused symptoms of his partial facial paralysis and nerve damage to resurface. Id. at 26. Petitioner further alleges that he was hospitalized after experiencing severe head pain and impaired facial mobility and that his experiences at Delaney Hall have exacerbated his post-traumatic stress disorder, depression, anxiety, nightmares, flashbacks, and memory loss. Id. Respondents' Response does not meaningfully address these allegations.Whether continued detention remains reasonably related to its regulatory purposes is a "fact-dependent inquiry" that may vary with the detainee's individual circumstances. Diop v. ICE/Homeland Security, 656 F.3d 221, 233 (3d Cir. 2011). The present record is insufficient for the Court to determine whether Petitioner's individual circumstances and the conditions of his confinement, considered together with the duration of his detention and the availability of less restrictive alternatives, render his continued detention unconstitutional.Accordingly, it is ORDERED that the Court will hold an evidentiary hearing on Thursday, July 30, 2026 at 1:30 PM in in Newark - Courtroom 4C before Judge Evelyn Padin. Kindly mark your calendars accordingly. The hearing will, at a minimum, address: (1) Petitioner's present physical and mental health; (2) the conditions under which Petitioner has been confined at Delaney Hall; (3) Petitioner's allegations of harassment or mistreatment based on his sexual orientation or gender identity; (4) the medical and mental-health care, protective measures, and other accommodations provided to Petitioner; and (5) whether conditions available through the Alternative to Detention Program could adequately mitigate any risk of flight.Counsel shall appear in person. Petitioner shall appear in person as well, and Respondents shall make all necessary arrangements for his appearance. Respondents shall also ensure the appearance of one or more witnesses with personal knowledge of Petitioner's housing and classification, medical and mental-health treatment, complaints of harassment or mistreatment, any protective measures taken on his behalf, and his eligibility for release through the Alternative to Detention Program. So Ordered by Judge Evelyn Padin on 7/24/2026. (bt) (Entered: 07/24/2026)

Jul 24, 2026

Text Order AND ~Util - Set Hearings

#11

Jul 27, 2026

NOTICE of Appearance by RACHEL MARANDETT on behalf of JUAN LOOR SOLIZ (MARANDETT, RACHEL) (Entered: 07/27/2026)

#12

Jul 27, 2026

NOTICE of Appearance by BROOKS E. DOYNE on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (DOYNE, BROOKS) (Entered: 07/27/2026)

#13

Jul 28, 2026

PETITION & ORDER for a Writ of Habeas Corpus required on 7/30/2026 at 1:30 PM. Signed by Judge Evelyn Padin on 7/28/2026. (lag, ) (Entered: 07/28/2026)

#14

Jul 28, 2026

Letter from Respondents re: Petitioner's Medical Records and IJ's February 20, 2026 Asylum Decision. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(DOYNE, BROOKS)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 07/28/2026)

Jul 28, 2026

Writ of Habeas Corpus ad Prosequendum Issued

Jul 28, 2026

Writ of Habeas Corpus issued for 7/30/2026. (lag, )

#15

Jul 29, 2026

TEXT ORDER: The Court has reviewed Respondents' July 28, 2026 letter and accompanying sealed exhibits, D.E. 14 ("July 28 Submission"), through which Respondents produced Petitioner's medical records, the Immigration Judge's February 20, 2026 asylum decision, and the transcript of that proceeding. Respondents contend that the medical records demonstrate appropriate treatment and no untreated or emergent medical or mental-health condition and state that, in light of the submitted materials, a full evidentiary hearing may be unnecessary. The Court has considered Respondents' position.It is ORDERED that the evidentiary hearing shall proceed as scheduled on 7/30/2026 at 1:30 p.m. In advance of the hearing, it is further ORDERED that, on or before 7/29/2026 at 2:00 p.m., the parties shall each file a letter identifying the witnesses each party expects to call, the subject matter of each witness's anticipated testimony, and the exhibits each party expects to introduce. By that same deadline, the parties shall email electronic courtesy copies of their proposed exhibits to Chambers.Respondents shall ensure that at least one witness is prepared to address Delaney Hall's policies and practices for preventing, reporting, investigating, and responding to sexual assault, including the facility's response to the recently reported allegation that another detainee was sexually assaulted at Delaney Hall. See Michael Sol Warren, Attorney Says Newark Immigrant Center Detainee Was Raped, Then Transferred 2 Days Later, Gothamist (July 7, 2026), https://gothamist.com/news/attorney-says-newark-immigrant-center-detainee-was-raped-then-transferred-2-days-later. The witness shall also be prepared to address whether that report resulted in any changes to measures relevant to Petitioner's safety. All prior directives concerning the hearing remain in effect. So Ordered by Judge Evelyn Padin on 7/29/2026. (ps) (Entered: 07/29/2026)

#16

Jul 29, 2026

NOTICE by JUAN LOOR SOLIZ of Witness and Exhibit List (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MARANDETT, RACHEL) (Entered: 07/29/2026)

#17

Jul 29, 2026

Letter from Respondents re: Witness and Exhibit List. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(FERRARA, KATHERINE)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 07/29/2026)

#18

Jul 29, 2026

Letter from United States Attorney Robert Frazer re: Testimony Concerning Media Report Involving Non-Party re 15 Text Order,,,,,,,,. (BASIAK, JOHN) (Entered: 07/29/2026)

#19

Jul 29, 2026

Letter from United States Attorney Robert Frazer re: Testimony Concerning Media Report Involving Non-Party (Signed Letter) re 15 Text Order,,,,,,,,. (BASIAK, JOHN) (Entered: 07/29/2026)

Jul 29, 2026

Text Order

#21

Jul 30, 2026

Minute Entry for proceedings held before Judge Evelyn Padin: Evidentiary Hearing held on 7/30/2026 and will be continued. (Court Reporter, Mary Jo Monteleone (973-645-3833)) (bt) (Entered: 07/31/2026)

#20

Jul 31, 2026

TEXT ORDER: The evidentiary hearing commenced on 7/30/2026 shall continue on 8/5/2026 at 10:00 a.m. in Courtroom 4C of the Martin Luther King Building and U.S. Courthouse, 50 Walnut Street, Newark, New Jersey. Respondents' witness, Supervisory Detention and Deportation Officer Edvin Gonzalez, remains on the stand and under oath, and shall appear to continue his testimony. Should any issues arise in the interim, the parties shall notify Chambers via email. So Ordered by Judge Evelyn Padin on 7/31/2026. (bt) (Entered: 07/31/2026)

Jul 31, 2026

Text Order AND ~Util - Set Hearings

#22

Aug 03, 2026

PETITION & ORDER for a Writ of Habeas Corpus required on 8/5/2026 at 10:00 AM. Signed by Judge Evelyn Padin on 8/3/2026. (lag, ) (Entered: 08/03/2026)

#23

Aug 03, 2026

Substitution of Attorney - Attorney BROOKS E. DOYNE terminated. Attorney JACOB HERIC for TODD BLANCHE,JACOB HERIC for MARKWAYNE MULLIN,JACOB HERIC for LUIS SOTO,JACOB HERIC for DAVID VENTURELLA added.. (HERIC, JACOB) (Entered: 08/03/2026)

Aug 03, 2026

Writ of Habeas Corpus ad Prosequendum Issued

Aug 03, 2026

Writ of Habeas Corpus Issued for 8/5/2026. (lag, )

#24

Aug 04, 2026

TEXT ORDER: In advance of the continued evidentiary hearing, it is ORDERED that each party shall provide the Court with a complete paper courtesy copy of all exhibits that the party intends to use at the hearing. Whenever counsel refers a witness to a document or exhibit during examination, counsel shall simultaneously provide the Court with a paper copy of that document or exhibit. Counsel shall ensure that all courtesy copies are clearly labeled and correspond to the exhibit designations used on the record. So Ordered by Judge Evelyn Padin on 8/4/2026. (bt) (Entered: 08/04/2026)

#25

Aug 04, 2026

Letter from Petitioner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MARANDETT, RACHEL) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

#27

Aug 05, 2026

Minute Entry for proceedings held before Judge Evelyn Padin: Evidentiary Hearing held on 8/5/2026. (Court Reporter, Francesca DiBella (973-776-3885)) (bt) (Entered: 08/06/2026)

#26

Aug 06, 2026

TEXT ORDER: On 8/5/2026, the Court continued the evidentiary hearing in this matter. During the hearing, the Court ORDERED Respondents to provide a copy of the transcript from Petitioner's 2/25/2026 bond hearing. Respondents represented that the transcript could be produced on or before 8/10/2026. The Court also afforded Respondents an opportunity to object to the admission of the evidence identified on the record by Petitioner. As noted at the hearing, Respondents shall file any such objections today, 8/6/2026. Petitioner may file a response no later than tomorrow, 8/7/2026. In addition, the parties may file supplemental summations on or before 8/10/2026. So Ordered by Judge Evelyn Padin on 8/6/2026. (bt) (Entered: 08/06/2026)

#28

Aug 06, 2026

STATEMENT OF OBJECTIONS TO PETITIONER'S EVIDENCE OFFERED AT HEARING by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA. (HERIC, JACOB) (Entered: 08/06/2026)

Aug 06, 2026

Text Order

#29

Aug 07, 2026

RESPONSE re 28 Statement. (MARANDETT, RACHEL) (Entered: 08/07/2026)

#30

Aug 10, 2026

Letter

#31

Aug 10, 2026

Letter

#32

Aug 10, 2026

Statement

#33

Aug 11, 2026

Transcript

#34

Aug 12, 2026

Seal

Aug 12, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#35

Aug 17, 2026

Transcript

#36

Aug 18, 2026

OPINION. Signed by Judge Evelyn Padin on 8/18/2026. (lag, )

#37

Aug 18, 2026

Order of Dismissal

#38

Aug 19, 2026

Letter

Aug 20, 2026

Text Order

#40

Aug 24, 2026

Proposed Order

#41

Aug 25, 2026

Order