District of New Jersey • 1:25-cv-18085

#1

Dec 02, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16869667.), filed by KENDER MOISES MORILLO LAGUNA. (Attachments: # 1 Civil Cover Sheet, # 2 Appendix, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Text of Proposed Order, # 8 Certificate of Service)(SOLOW, ADAM) (Entered: 12/02/2025)

Dec 02, 2025

Judge Christine P. O'Hearn added. (dmw)

Dec 02, 2025

Add and Terminate Judges

#2

Dec 03, 2025

TEXT ORDER: According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225 pursuant to the Board of Immigration Appeals' decision in Matter of Yajure Hurtado. Under this Court's recent decision in Bethancourt-Soto v. Soto, Civ. No. 25-16200, (ECF No. 10), as Petitioner was apprehended inside the United States after residing here for an extended period, the Court finds that he should be detained under 8 U.S.C. § 1226, which requires an opportunity to seek bond. Accordingly, Respondents shall provide Petitioner with a bond hearing no later than 5:00 p.m. on December 5, 2025.If Respondents contend that Bethancourt-Soto does not control, for example, because it is factually distinguishable, they shall file an expedited answer by 5:00 p.m. on December 8, 2025, and Petitioner shall file any reply by 5:00 p.m. on December 11, 2025. Further, in light of the Court's decision and to preserve the status quo, including Petitioner's continued access to counsel, during the potential briefing and hearing process, and pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall remain in the State of New Jersey and shall not be transferred outside the State of New Jersey until further order of the Court. Finally, the Clerk of the Court shall forward a copy of the Petition, (ECF No. 1), and this Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Christine P. O'Hearn on 12/3/25. (hem, ) (Entered: 12/03/2025)

Dec 03, 2025

Order

#3

Dec 05, 2025

STATUS REPORT Regarding Bond Hearing by PAMELA BONDI, WARDEN DELANEY HALL DETENTION FACILITY, JONATHAN FLORENTINO, TODD M LYONS, KRISTI NOEM. (SILAGI, ALEX) (Entered: 12/05/2025)

#4

Dec 05, 2025

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney ALEX D. SILAGI for PAMELA BONDI,ALEX D. SILAGI for WARDEN DELANEY HALL DETENTION FACILITY,ALEX D. SILAGI for JONATHAN FLORENTINO,ALEX D. SILAGI for TODD M LYONS,ALEX D. SILAGI for KRISTI NOEM added.. (SILAGI, ALEX) (Entered: 12/05/2025)

#5

Dec 05, 2025

TEXT ORDER: The Court is in receipt of Petitioner's letter (improperly sent directly to chambers) contending that his bond hearing, scheduled for December 9, 2025, is beyond the Court's deadline. To be clear, this Court ordered Respondents to provide Petitioner with a bond hearing no later than 5:00 p.m. on December 5, 2025, OR file an expedited answer by 5:00 p.m. on December 8, 2025, if they believe that Bethancourt-Soto does not apply. In other words, if Respondents file an expedited answer, they are not required to provide Petitioner with a bond hearing, and Petitioner will be required to file a reply. If Respondents have already provided Petitioner with a bond hearing date, the parties should confer as to whether it remains necessary to brief this matter. Finally, any correspondence or submissions to the Court shall be filed on the docket. So Ordered by Judge Christine P. O'Hearn on 12/5/25. (hem, ) (Entered: 12/05/2025)

Dec 05, 2025

Order

#6

Dec 07, 2025

Status Report

#7

Dec 08, 2025

TEXT ORDER: The Court has reviewed the submission of Petitioner (ECF No. 6) filed on December 7, 2025. Respondents are hereby ORDERED to file a response no later than 5:00pm today, December 8, 2025. The provisions of this Court's prior Order (ECF No. 2) requiring Petitioner to not be removed from the State of New Jersey and to have full access to counsel remains in effect until further order of the Court. So Ordered by Judge Christine P. O'Hearn on 12/8/25. (hem, ) (Entered: 12/08/2025)

#8

Dec 08, 2025

Letter

Dec 08, 2025

Order

#9

Dec 11, 2025

Letter

#10

Dec 11, 2025

TEXT ORDER: The Court will hold a status conference on December 12, 2025 at 11:30am via Teams. The parties shall be prepared to discuss (1) the specific legal basis for Petitioner's initial and now continued detention, and (2) the total time of cumulative detention of Petitioner since 2022. In addition, Respondents shall produce, by December 15, 2025 at 12:00pm, the following: (1) all documents related to Petitioner's detention and the basis therefore including all documents related to the factual and legal reasons for his most recent detention; (2) all documents related to the "bond hearing" purportedly held on December 5, 2025; (3) any record of the "bond hearing" including any audio or transcript thereof, and any documents reflecting factual and/or legal basis for the decision to deny bond; (4) all documents and information related to the pendency and status of any applications or proceedings related to Petitioner's status including any asylum applications; and (5) to the extent Respondents contend changed circumstances justify detention, all documents related to any such contention. Any such documents shall be provided with a supporting certification attesting to their completeness. Failure to timely produce the above documents shall result in an order of immediate release without further notice. The Court will provide a Teams link to counsel's email addresses as they appear on the docket. So Ordered by Judge Christine P. O'Hearn on 12/11/2025. (hem, ) (Entered: 12/11/2025)

Dec 11, 2025

Order

#11

Dec 12, 2025

TEXT ORDER: For the reasons stated on the record at the December 12, 2025 status call, it is ORDERED that Respondents shall release Petitioner TODAY. Respondents shall file a letter on the docket when the Petitioner has been released. Order of Release forthcoming. So Ordered by Judge Christine P. O'Hearn on 12/12/25. (hem, ) (Entered: 12/12/2025)

#12

Dec 12, 2025

Minute Entry for proceedings held before Judge Christine P. O'Hearn: Status Conference held via Teams on 12/12/2025. Respondents shall release Petitioner today. Order to be entered. Respondents shall file a letter confirming release of Petitioner. (Court Reporter, Meta Goddard (856-576-7063)) (dmr) (Entered: 12/12/2025)

#13

Dec 12, 2025

ORDER that the 1 § 2241 Petition is GRANTED; Respondents shall IMMEDIATELY RELEASE Petitioner under the conditions in place before his re-detention. Respondents shall file a letter confirming the date and time of release and are PERMANENTLY ENJOINED from detaining Petitioner under § 1225. Respondents may not detain Petitioner under § 1226(a) absent a material change in circumstance, and any future detention must comply with all statutory and constitutional requirements, including a timely bond hearing before a neutral arbitrator. The Court retains jurisdiction over any attempted re-detention under any statutory authority, and Petitioner may move to reopen these proceedings without filing a new habeas petition. The Clerk shall CLOSE this case. Signed by Judge Christine P. O'Hearn on 12/12/2025. (arm) (Entered: 12/12/2025)

Dec 12, 2025

Order

#14

Dec 13, 2025

Status Report