District of New Jersey • 1:26-cv-07918
CHAYAMNE HERNANDEZ v. MARKWAYNE
Active
Case Information
Filed: June 30, 2026
Assigned to:
Karen M. Williams
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 06, 2026
Parties:
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Docket Entries
#1
Jun 30, 2026
First PETITION for Writ of Habeas Corpus Habeas Release Immigration Detention ( Filing fee $ 5 receipt number ANJDC-17596548.), filed by ROBERTO CHAYAMNE HERNANDEZ. (Attachments: # 1 Civil Cover Sheet JS-44, # 2 Text of Proposed Order Order to Show Cause, # 3 Memorandum Memorandum of Law, # 4 Exhibit Exhibit, # 5 Exhibit Exhibits)(BASARAN, MELINDA) (Entered: 06/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 30, 2026
CERTIFICATE OF SERVICE by ROBERTO CHAYAMNE HERNANDEZ Habeas Release Immigration Detention (BASARAN, MELINDA)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: 06/30/2026)
Main Document:
Certificate of Service
#3
Jun 30, 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 6/30/2026. (ps) (Entered: 06/30/2026)
#4
Jun 30, 2026
NOTICE of Appearance by CHRISTIAN CARRARA on behalf of JASON BENZEL, TODD BLANCHE, TODD M LYONS, MULLIN MARKWAYNE (CARRARA, CHRISTIAN) (Entered: 06/30/2026)
Main Document:
Notice of Appearance
Jun 30, 2026
Case Assigned/Reassigned
Jun 30, 2026
Case Assigned to Judge Karen M. Williams. (ps)
Jun 30, 2026
Emergent Immigration Habeas Non-transfer Order
#5
Jul 01, 2026
TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Roberto Chayanne Hernandez, a lawful permanent Resident of the United States, who is currently detained at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner has been a lawful permanent resident of the United States since September 18, 2001, and has maintained that status since that time. Petitioner asserts that he has no criminal record and is married to a United States citizen. Petitioner alleges he was arrested by Department of Homeland Security on June 21, 2026 following his return from a brief, casual and innocent family vacation to St. Lucia. (ECF No. 1) Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 1, 2026. (Williams, Karen) (Entered: 07/01/2026)
#6
Jul 01, 2026
STIPULATION and Proposed Order of Transfer of Venue by JASON BENZEL, TODD BLANCHE, TODD M LYONS, MULLIN MARKWAYNE. (CARRARA, CHRISTIAN) (Entered: 07/01/2026)
Main Document:
Stipulation
#7
Jul 01, 2026
ENTERED IN ERROR - PLEASE DISREGARD TEXT ORDER -The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Fermin Velez Martinez, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native of Mexico who entered the United States in or around 2008, without inspection. Petitioner alleges that he has resided in the United States for approximately eighteen years. Petitioner further alleges that he has severe medical issues that require medical monitoring. Petitioner also alleges that he has no prior removal order or final order of deportation. (ECF No. 1) The Court prelliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amayais distinguishable, they shall file a response to the Petition by June 8, 2026 setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 1, 2026. (Williams, Karen) (Entered: 07/01/2026)
Jul 01, 2026
CLERK'S QUALITY CONTROL MESSAGE - Please note the Text Order attached to docket entry 7 filed by the Clerk's office on 7/1/2026 was docketed in error. Please disregard. (nar)
Jul 01, 2026
QC - Incorrect Entry made by Clerk's Office Staff
Jul 01, 2026
Text Order
#8
Jul 02, 2026
Letter
Main Document:
Letter
#9
Jul 02, 2026
Order Transfer Case Out - District Court Transfer
Main Document:
Order Transfer Case Out - District Court Transfer
#10
Jul 02, 2026
Withdraw
Main Document:
Withdraw
Jul 02, 2026
Case Transferred Out - District Court Transfer
Jul 02, 2026
Terminate Civil Case
Jul 05, 2026
Docket Annotation (public)
Jul 06, 2026
Text Order
Jul 06, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Parties
CHAYAMNE HERNANDEZ
Party
MARKWAYNE
Party