District of New Jersey • 2:26-cv-08053

YUNGAN TENESACA v. WARDEN

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Case Information

Filed: July 01, 2026
Assigned to: Claire Claudia Cecchi
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 10, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 01, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54433.), filed by WILSON TIMOTEO YUNGAN TENESACA. (Attachments: # 1 Exhibit, # 2 Envelope)(N/M)(vm) (Entered: 07/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 01, 2026
MOTION for Temporary Restraining Order by WILSON TIMOTEO YUNGAN TENESACA. (N/M)(vm) (Entered: 07/01/2026)
Main Document: Temporary Restraining Order
#3
Jul 01, 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 7-1-2026. (vm) (Entered: 07/01/2026)
Jul 01, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Jul 02, 2026
TEXT ORDER - unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 at 4-6. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) 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 he presents a flight risk or a danger to the community in accordance with 8 C.F.R. 236.1(c)(8) and (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. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). In light of the relief granted herein, Petitioner's motion for a TRO (ECF No. 2) is denied as moot. So Ordered by Judge Claire C. Cecchi on 7/2/2026. (jl, ) (Entered: 07/02/2026)
#5
Jul 02, 2026
NOTICE of Appearance by ALEXANDER JUDKA on behalf of PAMELA J. BONDI, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN (JUDKA, ALEXANDER) (Entered: 07/02/2026)
Main Document: Notice of Appearance
#6
Jul 02, 2026
Letter from United States Attorney's Office re: Petitioner's Detention Location. (JUDKA, ALEXANDER) (Entered: 07/02/2026)
Main Document: Letter
Jul 02, 2026
Text Order AND ~Util - Terminate Motions
#7
Jul 04, 2026
Substitution of Attorney
Main Document: Substitution of Attorney
#8
Jul 04, 2026
Certificate of Service
Main Document: Certificate of Service
#9
Jul 10, 2026
Letter
Main Document: Letter

Parties

WARDEN
Party
YUNGAN TENESACA
Party