District of New Jersey • 2:26-cv-09536

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Jul 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17726936.), filed by SALVADOR MUNOZ CUEVAS. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 07/29/2026)

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Jul 29, 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 7/29/2026. (ijf) (Entered: 07/29/2026)

Jul 29, 2026

Judge Esther Salas added. (ijf)

Jul 29, 2026

Add and Terminate Judges

Jul 29, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 30, 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 Mexico, alleges that he entered the United States without inspection in March 2006, and he has resided continuously in the country since his entry. (Pet. Para. 20). Petitioner has lived and worked continuously in New Jersey as a self-employed landscaper, has filed and paid his taxes, and is the father of (and the primary source of financial support for) two U.S. citizen children (aged fifteen and eleven). (Id. Para. 22 (further alleging that he resides with a partner who only recently began working and his younger daughter has suffered acute distress since his arrest)). "Petitioner's contact with the criminal justice system consists of two convictions for driving under the influence under N.J.S.A. 39:4-50, the first entered in 2010 in the New Brunswick Municipal Court and the second in 2021 in the Woodbridge Municipal Court." (Id. Para. 21 (alleging that, while Petitioner does not minimize his offenses, upon information and belief, neither offense resulted in death or serious bodily injury and that he has no other arrests, charges, or convictions of any kind)). On July 21, 2026, U.S. immigration and Customs Enforcement arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Pars. 23-24). According to Petitioner, he has insulin-dependent Type II diabetes requiring reliable access to insulin, glucose monitoring, and consistent nutrition ("needs that detention places at serious risk"). (Id. Para. 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 & 1 -2), 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 7/30/2026. (ek) (Entered: 07/30/2026)

Jul 30, 2026

Text Order

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Aug 06, 2026

Notice of Appearance

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Aug 06, 2026

Letter