District of New Jersey • 1:26-cv-08583

#1

Jul 11, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17648700.), filed by JUAN PABLO GAVILANEZ ENCALADA. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Civil Cover Sheet, # 4 Exhibit, # 5 Exhibit)(MIRON, ALEXANDRA) (Entered: 07/11/2026)

#2

Jul 11, 2026

TEXT ORDER - Petitioner alleges that he is being unlawfully detained without a bond hearing. Petitioner shall not be transferred outside the District of New Jersey pending further Order of the Court.The Clerk of Court shall docket this ORDER and assign a United States District Judge to this matter on July 13, 2026, when ECF is restored.. So Ordered by Chief Judge Renee Marie Bumb on 7/11/2026. (eaj, ) (Entered: 07/12/2026)

Jul 11, 2026

Chief Judge Renee Marie Bumb added. (eaj)

Jul 12, 2026

Add and Terminate Judges

Jul 12, 2026

Text Order

#3

Jul 13, 2026

TEXT ORDER Petitioner alleges he is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within five (5) days of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Chief Judge Renee Marie Bumb on 07/13/2026. (Costigan, Roberta) (Entered: 07/13/2026)

Jul 13, 2026

Order

#4

Jul 14, 2026

Notice of Appearance

#5

Jul 14, 2026

Letter

Jul 15, 2026

QC - Generic Message