District of New Jersey • 2:26-cv-09024

#1

Jul 20, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17686773.), filed by MISAEL LOPEZ MARTINEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/20/2026)

#2

Jul 20, 2026

Emergency MOTION for Temporary Restraining Order by MISAEL LOPEZ MARTINEZ. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/20/2026)

#3

Jul 21, 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 7/21/2026. (ps) (Entered: 07/21/2026)

#4

Jul 21, 2026

TEXT ORDER: Petitioner Misael Lopez Martinez 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 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. Given this Order's directives, Petitioner's request for a temporary restraining order, D.E. 2, is DENIED as MOOT.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 7/21/2026. (bt) (Entered: 07/21/2026)

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Case Assigned to Judge Evelyn Padin. (ps)

Jul 21, 2026

Text Order AND ~Util - Terminate Motions

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order