District of New Jersey • 2:26-cv-09671

#1

Jul 30, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17736284.), filed by OSCAR GUSTAVO BONILLA MENDOZA. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause, # 4 Exhibit exhibit A)(LIPSITZ, JONATHAN) (Entered: 07/30/2026)

#2

Jul 31, 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 7/31/26. (jbb) (Entered: 07/31/2026)

Jul 31, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 31, 2026

Judge Esther Salas added. (jbb)

Jul 31, 2026

Add and Terminate Judges

#3

Aug 03, 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 has long resided in the United States, has been granted Deferred Action for Childhood Arrivals ("DACA"), and his application to renew DACA protection remains pending. (Pet. Para. 18). Before his detention, Petitioner resided in Toms River, New Jersey, was gainfully employed as a cook, and is the father of two U.S. citizen children (and has a U.S. citizen sister). (Id. Paras. 19, 23). "Petitioner has no known criminal convictions." (Id. Para. 20). U.S. Immigration and Customs Enforcement has recently arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 12). Within forty-eight (48) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any other criminal history (e.g., any arrests or charges) in the United States or any other country. The Court will take appropriate further action upon receipt of Petitioner's certification. 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), the Motion, (D.E. No. 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 8/3/2026. (ek) (Entered: 08/03/2026)

Aug 03, 2026

Text Order

#4

Aug 07, 2026

Letter

#5

Aug 10, 2026

TEXT ORDER : This matter is before the Court on Petitioner's counsel's letter, (D.E. No. 4 ("Letter")), and the attached declaration executed by a paralegal employed by Petitioner's counsel, (D.E. No. 4 -1 ("Declaration" or "Decl.")), filed pursuant to this Court's August 3, 2026 Text Order, (D.E. No. 3 ("August 3, 2026 Text Order")), directing Petitioner to assert "under oath whether he has any... criminal history." In the Declaration, the paralegal stated that Petitioner informed him that, "during the preceding week, he had been arrested and charged with an offense relating to alleged weapon possession" and that "the items involved were BB guns and that the charges had been dropped." (Decl. Para. 5; see also Paras. 4, 6 (indicating that Petitioner has no other criminal history)). Based on the Declaration, the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), summarized in the August 3, 2026 Text Order, 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. Petitioner's request for an order to show cause, (D.E. No. 1 -2), is DENIED as moot. 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), the Letter, (D.E. No. 4 ), the Declaration, (D.E. No. 4 -1), 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 8/10/2026. (ek) (Entered: 08/10/2026)

Aug 10, 2026

Text Order

#6

Aug 25, 2026

Notice of Appearance

#7

Aug 25, 2026

Letter