District of New Jersey • 2:26-cv-08599

#1

Jul 12, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17649295.), filed by JUAN CARLOS TACAM TUMAX. (Attachments: # 1 Exhibit ICE Locator Showing Custody at Delaney Hall, # 2 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 07/12/2026)

#2

Jul 12, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction and Other Relief by JUAN CARLOS TACAM TUMAX. (KAPITONOV, PETER) (Entered: 07/12/2026)

#3

Jul 12, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus, by JUAN CARLOS TACAM TUMAX. (Attachments: # 1 Decision Melgar-Melgar Decided June 10, 2026, # 2 Cartagena Decision, # 3 Menjivar Decision, # 4 Maldonado Decision NJ, # 5 Souza Ferreira Decision NJ, # 6 Flores Decision)(KAPITONOV, PETER) (Entered: 07/12/2026)

Jul 12, 2026

Judge Michael E. Farbiarz added. (jml, )

Jul 12, 2026

Add and Terminate Judges

#4

Jul 13, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or the United States. It appears that the Petitioner was ordered removed in absentia on November 20, 2013. See Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 ("Petition") (ECF 1) 11, 89. The 90-day removal period envisioned by Section 1231 began that same day. See 8 U.S.C. § 1231(a)(1)(B); 8 C.F.R. § 1241.1. But, per the petition, the Petitioner was not detained during that 90-day period. See Petition 2. If that is correct, he cannot now be detained under Section 1231(a)(6). See De Aguiar v. Rokosky, 2026 WL 1123571, at *1 (D.N.J. Apr. 17, 2026) ("Section 1231(a)(6) provides for further detention of aliens who are already detained during the mandatory 90-day detention period.") (cleaned up); see also Text Order, Amaya-Ramirez v. Soto, No. 26-8007 (D.N.J. July 8, 2026) (ECF 9). Which in turn means that he must be detained under Section 1226(a) and is therefore entitled to a bond hearing. DeAguiar, 2026 WL 1123571, at *2. Accordingly, a bond hearing shall be conducted on or before July 14 at 4:00pm, unless the Respondents file a letter persuasively arguing otherwise on or before July 14 at 11:00am. In addition to what is set out above, 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 1:00pm on July 13. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. 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. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 7/13/2026. (ro, ) (Entered: 07/13/2026)

#5

Jul 13, 2026

DECLARATION of Gabriel Hoke re 4 Emergent Immigration Habeas Non-transfer Order,,,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA. (MAHONEY, MARGARET) (Entered: 07/13/2026)

#6

Jul 13, 2026

DECLARATION of Civil Chief re 4 Emergent Immigration Habeas Non-transfer Order,,,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA. (BASIAK, JOHN) (Entered: 07/13/2026)

#7

Jul 13, 2026

NOTICE of Appearance by MARGARET ANN MAHONEY on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA (MAHONEY, MARGARET) (Entered: 07/13/2026)

#8

Jul 13, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA (CARRARA, CHRISTIAN) (Entered: 07/13/2026)

Jul 13, 2026

Emergent Immigration Habeas Non-transfer Order

#10

Jul 15, 2026

Letter

Jul 15, 2026

Text Order

#11

Jul 16, 2026

Order

#12

Jul 21, 2026

Letter