District of New Jersey • 2:26-cv-09280

BALAN LOPEZ v. SOTO

Active

Case Information

Filed: July 23, 2026
Assigned to: Esther Salas
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17702846.), filed by ANGEL BALAN LOPEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - ICE Detainee Locator, # 4 Exhibit B - EOIR Automated Case Information)(HUFSTADER, REBECCA) (Entered: 07/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 23, 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 7/23/26. (tjg, ) (Entered: 07/23/2026)
Jul 23, 2026
Case Assigned/Reassigned
Jul 23, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 23, 2026
Case assigned to Judge Esther Salas. (tjg, )
#3
Jul 24, 2026
TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Guatemala, alleges that he entered the United States without inspection in 2005. (Pet. Para. 19). He lives in Palisades Park, New Jersey, and works in construction. (Id.). In March 2016, Petitioner was convicted of "harassment--inconvenient annoyance under N.J. Stat. Ann. § 2C:33-4(a), a petty disorderly persons offense, and paid a fine." (Id. Para. 20). "He has no other criminal history." (Id.). On July 19, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was walking to buy breakfast in Palisades Park, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 21-22). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). Accordingly, the Petition is GRANTED. Given Petitioner's criminal history, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -4), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/24/2026. (ek) (Entered: 07/24/2026)
Jul 24, 2026
CLERK'S QUALITY CONTROL MESSAGE - Please note the Quality Control Message filed by the Clerk's office on 7/24/2026 was docketed in error. Please disregard. (mj)
Jul 24, 2026
CLERK'S QUALITY CONTROL MESSAGE - The 7 Diversity Disclosure Statement filed by KRISTEN GAFFEY on 7/23/206 was submitted incorrectly as a Corporate Disclosure Statement. PLEASE RESUBMIT THE Diversity Disclosure Statement USING Diversity Disclosure Statement event. This submission will remain on the docket unless otherwise ordered by the court. (mj)
Jul 24, 2026
QC - Incorrect Event Selected
Jul 24, 2026
QC - Incorrect Entry made by Clerk's Office Staff
Jul 24, 2026
Text Order
#4
Aug 04, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Aug 04, 2026
Letter
Main Document: Letter
#6
Aug 06, 2026
Letter
Main Document: Letter
#7
Aug 19, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Aug 19, 2026
Enforce Judgment
Main Document: Enforce Judgment
Aug 20, 2026
Set/Reset Motion and R&R Deadlines/Hearings

Parties

BALAN LOPEZ
Party
SOTO
Party