District of New Jersey • 2:26-cv-08930

#1

Jul 17, 2026

PETITION for Writ of Habeas Corpus FOR ALIEN DETAINEE ( Filing fee $ 5 receipt number ANJDC-17676865.), filed by FIDEL IXMAY BATEN. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (Entered: 07/17/2026)

#2

Jul 17, 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 7/17/2026. (ps) (Entered: 07/17/2026)

#3

Jul 17, 2026

TEXT ORDER: Petitioner Fidel Ixmay Baten 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), 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 24 hours of this Order. 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 of this order and file a written notice of Petitioner's release within three days thereafter. 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 7/17/2026. (ps) (Entered: 07/17/2026)

Jul 17, 2026

Case Assigned/Reassigned

Jul 17, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 17, 2026

Case Assigned to Judge Evelyn Padin. (ps)

Jul 17, 2026

Text Order

#4

Jul 21, 2026

Notice of Appearance

#5

Jul 21, 2026

Letter

Jul 22, 2026

Terminate Civil Case

Jul 22, 2026

Text Order