District of New Jersey • 2:26-cv-08050

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17607822.), filed by RUBEN ALEJANDRO BATISTA GONZALEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ice Locator, # 3 Exhibit Order of Supervision, # 4 Exhibit OLD NTA and Parole, # 5 Exhibit I-130, # 6 Exhibit Marriage Certificate, # 7 Exhibit Birth Certificate, # 8 Exhibit EAD, # 9 Exhibit Business Ownership, # 10 Exhibit Wife's Medical Record, # 11 Exhibit Pediatric letter)(CARDENAS, VERONICA) (Entered: 07/01/2026)

#2

Jul 01, 2026

TEXT ORDER. The Petitioner shall not be removed from the state of New Jersey or from the United States. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). In addition, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on July 2. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this district. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. The United States Attorney's Office shall also immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. The Respondents shall also file a letter explaining the factual and legal basis for the Petitioner's detention on or before July 2 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/1/2026. (jml, ) (Entered: 07/01/2026)

#3

Jul 01, 2026

DECLARATION of Deputy Field Office Director, U.S. Immigration and Customs Enforcement re 2 Text Order,,,,,,, by JONATHAN FLORENTINO, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA. (LASERNA, JESSICA) (Entered: 07/01/2026)

Jul 01, 2026

Judge Michael E. Farbiarz added. (jml, )

Jul 01, 2026

Text Order

Jul 01, 2026

Add and Terminate Judges

#4

Jul 02, 2026

NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of JONATHAN FLORENTINO, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (STRATIGEAS, CHRISTOPHER) (Entered: 07/02/2026)

#5

Jul 02, 2026

DECLARATION of Civil Chief re 2 Text Order,,,,,,, by JONATHAN FLORENTINO, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA. (BASIAK, JOHN) (Entered: 07/02/2026)

#6

Jul 02, 2026

Response to Habeas Petition

#7

Jul 03, 2026

TEXT ORDER: The Petitioner shall file a reply to the Respondents' answer at ECF 6 on or before July 10 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 7/3/2026. (ps) (Entered: 07/03/2026)

Jul 03, 2026

1 - Terminate Deadlines AND Text Order

#8

Jul 06, 2026

Letter

#9

Jul 09, 2026

Reply to Response (NOT Motion)

#10

Jul 14, 2026

TEXT ORDER: This case appears controlled by the Court's decision in De Aguiar v. Rokosky, 2026 WL 1123571 (D.N.J. Apr. 17, 2026). See ECF 9 at 2-5. If that is correct, the Petitioner is detained under 8 U.S.C. § 1226(a) and a bond hearing is required. If the Respondents disagree, they shall file a letter on or before July 15 at 5:00pm identifying any relevant and meaningful procedural or factual distinctions between (i) this case and (ii) De Aguiar. If no persuasive letter is received, the Court will promptly order a bond hearing. So Ordered by Judge Michael E. Farbiarz on 7/14/2026. (ro, ) (Entered: 07/14/2026)

Jul 14, 2026

Text Order

#11

Jul 15, 2026

Letter

#12

Jul 16, 2026

TEXT ORDER: If the Petitioner wishes to respond to the Petitioner's letter at ECF 11, he shall do so on or before July 21 at noon. So Ordered by Judge Michael E. Farbiarz on 7/16/26. (ro, ) (Entered: 07/16/2026)

Jul 16, 2026

Text Order

#13

Jul 17, 2026

Reply to Response (NOT Motion)

#14

Jul 24, 2026

TEXT ORDER: The Petitioner's final order of removal was reinstated on September 29, 2021. See Exhibit H (ECF 6-8) at 2. It became "administratively final" that same day. See Text Order, Ascencio Lopez v. Blanche, No. 26-6009 (D.N.J. July 2, 2026) (ECF 13); 8 U.S.C. § 1231(a)(1)(B)(i); see also, e.g., Domingo Cinto v. Mullin, 2026 WL 1350720, at *1 (M.D. Fla. May 14, 2026); G.P. v. Garland, 2024 WL 328435, at *3 n.4 (D.N.H. Jan. 29, 2024); Vizguerra-Ramirez v. Baltazar, 2025 WL 3653158, at *6 (D. Colo. Dec. 17, 2025); Alva v. Kaiser, 2025 WL 2419262, at *3 (N.D. Cal. Aug. 21, 2025). Which means that the 90-day period in which Section 1231 requires detention ended years ago, in December 2021. See 8 U.S.C. § 1231(a)(1)(A), (a)(B)(i), (a)(2)(A). Therefore, the authority for the Petitioner's detention, if it exists, must derive from 8 U.S.C. § 1226. See De Aguiar v. Rokosky, 2026 WL 112357, at *1-2 (D.N.J. Apr. 17, 2026). An immigration court bond hearing shall be conducted on or before July 27 at 5:00pm, unless the Respondents file a letter indicating that the Petitioner has asked to adjourn the bond hearing on or before July 27 at 11:00am. So Ordered by Judge Michael E. Farbiarz on 7/24/26. (ro, ) (Entered: 07/24/2026)

Jul 24, 2026

Text Order

#15

Jul 27, 2026

Enforce Judgment

#16

Jul 28, 2026

TEXT ORDER: The Respondents shall file a short letter in response to the motion at ECF 15 on or before July 29 at noon. If, on reflection, the Respondents are convinced that another immigration-court bond hearing should be promptly scheduled, they should so indicate in their submission. So Ordered by Judge Michael E. Farbiarz on 7/28/2026. (ps) (Entered: 07/28/2026)

Jul 28, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jul 28, 2026

Text Order

Jul 28, 2026

Set Deadlines as to 15 MOTION to Enforce Judgment . Motion set for 9/8/2026 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

#17

Jul 29, 2026

Letter

#18

Jul 29, 2026

TEXT ORDER: The Respondents shall file a status update letter on or before August 4 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (wh) (Entered: 07/29/2026)

Jul 29, 2026

Text Order

#19

Aug 04, 2026

Letter

#20

Aug 04, 2026

TEXT ORDER: A petition was filed, see ECF 1, a bond hearing was ordered, see ECF 14, and it was conducted. See ECF 19 . Accordingly, the Court has adjudicated the Petitioner's statutory claim. See Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF 1) 36-41. If the Petitioner seeks additional relief based on his constitutional claim, see id. 42-44, he shall file a short letter on or before August 7 at 5:00pm. If no letter is filed before the deadline, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 8/4/26. (ro, ) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

#21

Aug 05, 2026

Letter

#22

Aug 06, 2026

TEXT ORDER: The request at ECF 21 is granted. The Petitioner shall file a letter brief regarding his constitutional claim on or before August 21 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 8/5/26. (ro, ) (Entered: 08/06/2026)

Aug 06, 2026

Text Order

#23

Aug 21, 2026

Letter