District of New Jersey • 2:26-cv-09005

MELGAR MUNOZ v. SOTO

Completed

Case Information

Filed: July 20, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: August 03, 2026
Last Activity: August 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17685131.), filed by WILSON S. MELGAR MUNOZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(WISOTSKY, SHIRA) (Entered: 07/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 20, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). The Respondents shall file a response to the petition on or before July 22 at 5:00pm. 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 2:00pm on July 21. 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 7/20/2026. (ro, ) (Entered: 07/20/2026)
#3
Jul 20, 2026
TEXT ORDER: The Respondents shall provide an update on the Petitioner's medical condition, including as to whether he has received appropriate medication in appropriate doses, on or before July 21 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/20/2026. (ro, ) (Entered: 07/20/2026)
#4
Jul 20, 2026
DECLARATION ICE ERO AFOD by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA, ARTHUR WILSON. (JUDKA, ALEXANDER) (Entered: 07/20/2026)
Main Document: Declaration
Jul 20, 2026
Case Assigned to Judge Michael E. Farbiarz. (ps)
Jul 20, 2026
Case Assigned/Reassigned
Jul 20, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 20, 2026
Text Order
#5
Jul 21, 2026
DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA, ARTHUR WILSON. (BASIAK, JOHN) (Entered: 07/21/2026)
Main Document: Declaration
#6
Jul 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jul 21, 2026
Letter
Main Document: Letter
#8
Jul 21, 2026
Letter
Main Document: Letter
#9
Jul 22, 2026
Letter
Main Document: Letter
#10
Jul 22, 2026
Letter
Main Document: Letter
#11
Jul 22, 2026
Letter
Main Document: Letter
#12
Jul 23, 2026
TEXT ORDER: A federal habeas court can bail a petitioner where "exceptional circumstances exist warranting special treatment." Lucas v. Hadden, 790 F.2d 365, 367 (3d Cir. 1986); see also Martinez-Ventura v. Benzel, 2026 WL 1878818 (D.N.J. June 30, 2026). This case involves exceptional circumstances. Shortly after the petition was filed, the Court directed the Respondents to "provide an update... as to whether [the Petitioner] has received appropriate medication in appropriate doses on or before July 21 at 5:00pm." Text Order, Melgar Munoz v. Soto, No. 26-9005 (D.N.J. July 20, 2026) (ECF 2). The Respondents did not file a substantive update before the deadline. See Respondents' Letter, Melgar Munoz v. Soto, No. 26-9005 (D.N.J. July 21, 2026) (ECF 7). The Petitioner's medical records are now before the Court and they back up the Petitioner's claim that he is not being given the medication he needs and that the health consequences of this are potentially very serious. See Petitioner's Letter at 1-2, Melgar Munoz v. Soto, No. 26-9005 (D.N.J. July 22, 2026) (ECF 9). The Respondents do not meaningfully contest any of this; one of their recent submissions expressly recognizes that the Petitioner "has not received his medication at times." Respondents' Letter, Melgar Munoz v. Soto, No. 26-9005 (D.N.J. July 22, 2026) (ECF 10). In light of the above, the Petitioner is hereby bailed. He shall be promptly released from immigration custody and he shall be required to go directly to his home. He must remain inside his home until or unless there is a contrary order from this Court --- except that he may leave home, without seeking pre-approval, for the purposes of (1) picking up groceries and other essentials, and (2) seeking appropriate medical care. The Respondents may take reasonable steps to ensure that the Petitioner complies with the above home-confinement condition, such as requiring that he wear an ankle bracelet. The Court's release order shall become effective on July 23 at 4:30pm, without need of any further order from the Court. This five-hour delay is for two purposes. First, it will allow the Respondents time to take follow on steps --- as to, for example, an ankle bracelet. And second, it will give the Respondents time to submit any materials indicating that the Petitioner has criminal convictions or arrests, or is otherwise a danger to the community --- as that may change the Court's bail-release calculus here. In the future, should the Respondents proffer that they have obtained appropriate medications and are prepared to properly dispense them --- and that, accordingly, the Court should revisit today's bail order --- the Respondents may make a filing and the Court will promptly consider it. So Ordered by Judge Michael E. Farbiarz on 7/23/26. (ro, ) (Entered: 07/23/2026)
Jul 23, 2026
Text Order
#13
Jul 27, 2026
Letter
Main Document: Letter
#14
Jul 27, 2026
TEXT ORDER: In light of the Petitioner's release from custody, see ECF 13, it appears that this case should be closed. Any party objecting to this course of action shall file a short letter on or before July 31 at 5:00pm. If no persuasive letter is filed before the deadline, this case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 7/27/2026. (ps) (Entered: 07/27/2026)
Jul 27, 2026
Text Order
#15
Jul 28, 2026
Letter
Main Document: Letter
#16
Jul 29, 2026
TEXT ORDER: The request at ECF 15 is granted on consent of the Respondents. The Petitioner is hereby released from home confinement. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (ps) (Entered: 07/29/2026)
#17
Jul 29, 2026
Seal
Main Document: Seal
#18
Jul 29, 2026
TEXT ORDER: The motion to seal at ECF 17 is granted. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (wh) (Entered: 07/29/2026)
#19
Jul 29, 2026
TEXT ORDER: In light of the Petitioner's release from home confinement, see ECF 16, it now appears that this case should be closed. Any party objecting to this course of action shall file a short letter on or before July 31 at 5:00pm. If no persuasive letter is filed before the deadline, this case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (wh) (Entered: 07/29/2026)
Jul 29, 2026
Order on Motion to Seal
Jul 29, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Jul 29, 2026
Set Deadlines as to 17 MOTION to Seal Exhibits to ECF No. 10. Motion set for 9/8/2026 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )
Jul 29, 2026
Text Order
#20
Aug 03, 2026
TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 2 is lifted, and the Clerk of Court is directed to close this case. So Ordered by Judge Michael E. Farbiarz on 8/3/2026. (ps) (Entered: 08/03/2026)
#21
Aug 03, 2026
TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 2 is lifted, and the Clerk of Court is directed to close this case.. So Ordered by Judge Michael E. Farbiarz on 8/3/26. (ro, ) (Entered: 08/03/2026)
Aug 03, 2026
Text Order
Aug 03, 2026
Order of Dismissal