District of New Jersey • 2:26-cv-08755

VALLECILLO VEGA v. ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT

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Case Information

Filed: July 15, 2026
Assigned to: Evelyn Padin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: July 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 15, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by CESAR VALLECILLO VEGA. (Attachments: # 1 Exhibits, # 2 Envelope)(N/M)(gev) (Entered: 07/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 15, 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 7/15/2026. (N/M)(gev) (Entered: 07/15/2026)
#3
Jul 15, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT, ATTORNEY GENERAL, SECRETARY OF HOMELAND SECURITY (KAPLAN, SARINA) (Entered: 07/15/2026)
Main Document: Notice of Appearance
#4
Jul 15, 2026
Letter from U.S. Attorney's Office re Petitioner's Location re 2 Emergent Immigration Habeas Non-transfer Order. (KAPLAN, SARINA) (Entered: 07/15/2026)
Main Document: Letter
#5
Jul 15, 2026
TEXT ORDER: Petitioner Cesar Vallecillo Vega filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b), as well as violations of the Fourth and Fifth Amendments and the Administrative Procedure Act. D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within three days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer.If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within 24 hours and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. §§ 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 7/15/2026. N/M (wh) (Entered: 07/15/2026)
#6
Jul 15, 2026
Letter from U.S. Attorney's Office re Supplement to Petitioner's Location re 2 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit Ex 1 - I-830)(KAPLAN, SARINA) (Entered: 07/15/2026)
Main Document: Letter
Jul 15, 2026
Text Order
Jul 15, 2026
Filing fee: $ 5, receipt number 54578 (mfr)
Jul 15, 2026
Emergent Immigration Habeas Non-transfer Order
#7
Jul 16, 2026
Letter
Main Document: Letter
Jul 16, 2026
Filing Fee Received

Parties

ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT
Party
VALLECILLO VEGA
Party