District of New Jersey • 2:26-cv-09105

OLIVO REINOSO v. BLANCHE

Completed

Case Information

Filed: July 22, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 06, 2026
Last Activity: August 06, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 22, 2026
PETITION for Writ of Habeas Corpus FOR ALIEN DETAINEE ( Filing fee $ 5 receipt number ANJDC-17695239.), filed by LEANDRO OLIVO REINOSO. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (Entered: 07/22/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 22, 2026
TEXT ORDER: The Petitioner shall not be removed from New Jersey or 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). 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 9:00am on July 23. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this District. 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. 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. On or before July 25 at 11:00am, the Respondents shall file a letter that (i) responds to the pleading at ECF 1 and (ii) explains the factual and legal basis for the Petitioner's detention. In this submission, the Respondents shall identify the statutory provision under which the Petitioner is being detained and the provision under which he was previously released. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)
#3
Jul 22, 2026
NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN FLORENTINO, MARKWAYNE MULLIN, WARDEN OF ELIZABETH DETENTION FACILITY (CARRARA, CHRISTIAN) (Entered: 07/22/2026)
Main Document: Notice of Appearance
#4
Jul 22, 2026
DECLARATION of Deputy Field Office Director by TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN FLORENTINO, MARKWAYNE MULLIN, WARDEN OF ELIZABETH DETENTION FACILITY. (CARRARA, CHRISTIAN) (Entered: 07/22/2026)
Main Document: Declaration
#5
Jul 22, 2026
DECLARATION of Civil Chief re 2 Text Order,,,,,,, by TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN FLORENTINO, MARKWAYNE MULLIN, WARDEN OF ELIZABETH DETENTION FACILITY. (BASIAK, JOHN) (Entered: 07/22/2026)
Main Document: Declaration
Jul 22, 2026
Case Assigned/Reassigned
Jul 22, 2026
Case assigned to Judge Michael E. Farbiarz. (jr)
Jul 22, 2026
Text Order
#6
Jul 23, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN FLORENTINO, MARKWAYNE MULLIN, WARDEN OF ELIZABETH DETENTION FACILITY (KAPLAN, SARINA) (Entered: 07/23/2026)
Main Document: Notice of Appearance
#7
Jul 25, 2026
Response (NOT Motion)
Main Document: Response (NOT Motion)
#8
Jul 26, 2026
TEXT ORDER: The Respondents argue that the Petitioner is lawfully detained under 8 U.S.C. § 1231(a). See Expedited Answer to § 2241 Petition ("Answer") (ECF 7) at 1. He is not. The Petitioner was ordered removed from the United States on April 13, 2018. See Answer at 2; Answer, Exhibit 6 ("Exhibit 6") (ECF 7-6) at 15. And he was given 30 days to appeal that decision to the Board of Immigration Appeals. See Exhibit 6 at 1. There is no indication in the record that the Petitioner appealed the removal order, so it became "administratively final," 8 U.S.C. § 1231(a)(B)(i), 30 days later. See 8 CFR § 1241.1(c) (indicating that "[a]n order of removal made by [an] immigration judge... become[s] final... [u]pon expiration of the time allotted for an appeal if the [non-citizen] does not file an appeal within that time"). Accordingly, the 90-day mandatory detention period envisioned by Section 1231 began on April 13, 2018 and expired on July 12, 2018. See 8 U.S.C. § 1231(a)(1)(A), (a)(B)(i), (a)(2)(A). Because the mandatory detention period expired years ago, the authority for the Petitioner's current detention, if it exists, must derive from 8 U.S.C. § 1226. See De Aguiar v. Rokosky, 2026 WL 1123571, at *1-2 (D.N.J. Apr. 17, 2026). Accordingly, an immigration-court bond hearing shall take place on or before July 28 at 11:00am, unless the Respondents file a letter indicating that (i) the Petitioner is subject to mandatory detention under § 1226(c) or (ii) the Petitioner has asked to adjourn the bond hearing on or before July 27 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/26/2026. (ps) (Entered: 07/26/2026)
Jul 26, 2026
Text Order
#9
Jul 27, 2026
Response (NOT Motion)
Main Document: Response (NOT Motion)
#10
Jul 27, 2026
TEXT ORDER: On or before July 29 at 2:00pm, the Respondents shall file a letter explaining why the Petitioner's prior conviction for receiving stolen property qualifies as a "theft" offense within the meaning of Section 1226(c)(1)(E). In particular, this submission should lay out (i) the elements for receiving stolen property under New Jersey law and (ii) the elements for theft under New Jersey law --- and explain how they line up. So Ordered by Judge Michael E. Farbiarz on 7/27/2026. (ps) (Entered: 07/27/2026)
Jul 27, 2026
Text Order
#11
Jul 29, 2026
Letter
Main Document: Letter
#12
Jul 29, 2026
TEXT ORDER: The Petitioner shall file a letter brief in response to the submission at ECF 11 on or before July 31 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/29/2026. (wh) (Entered: 07/29/2026)
Jul 29, 2026
Text Order
#13
Aug 02, 2026
Letter
Main Document: Letter
#14
Aug 04, 2026
TEXT ORDER: The petition at ECF 1 is dismissed. Section 1226(c)(1)(A) provides for the mandatory detention of individuals who have committed offenses covered by Section 1182(a)(2). Section 1182(a)(2)(A)(i)(I), in turn, references crimes "involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime." In 2014, the Petitioner was convicted of the offense of "Receiving Stolen Property" in New Jersey state court. See Respondents' July 27, 2026 Letter, Exhibit 1 (ECF 9-1). That offense, see N.J. Rev. Stat. § 2C:20-7 (2025), is a crime "involving moral turpitude" within the meaning of Section 1182(a)(2)(A)(i)(I). See De Leon-Reynoso v. Ashcroft, 293 F.3d 633, 637 (3d Cir. 2002); Trancho v. Att'y Gen., 344 F. App'x 817, 820 (3d Cir. 2009); see also Solis-Flores v. Bondi, 159 F.4th 205, 213 (4th Cir. 2025); United States v. Castro, 26 F.3d 557, 558 n.1 (5th Cir. 1994); Hashish v. Gonzales, 442 F.3d 572, 576 n.4 (7th Cir. 2006). Accordingly, the Petitioner is not "in custody in violation of the... laws... of the United States." 28 U.S.C. § 2241. So Ordered by Judge Michael E. Farbiarz on 8/4/26. (ro, ) (Entered: 08/04/2026)
#15
Aug 04, 2026
TEXT ORDER: In light of the order at ECF 14, it appears that the case should be closed and the injunction at ECF 2 lifted. Any party objecting to this course of action shall file a letter on or before August 5 at 5:00pm. If no persuasive letter is filed before the deadline, the case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 8/4/26. (ro, ) (Entered: 08/04/2026)
Aug 04, 2026
Text Order
#16
Aug 06, 2026
TEXT ORDER: 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 8/6/26. (ro, ) (Entered: 08/06/2026)
Aug 06, 2026
Order of Dismissal