District of New Jersey • 2:26-cv-10097

#1

Aug 10, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17781559.), filed by ENRIQUE ALBERTO CASTILLO-GAVIDIA. (Attachments: # 1 Brief In Support of Petition, # 2 Text of Proposed Order Proposed Habeas Order, # 3 Summons Order to Show Cause)(CINI, ROBERT) (Entered: 08/10/2026)

#2

Aug 10, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus, JS 44 Form, Civil Cover Sheet by ENRIQUE ALBERTO CASTILLO-GAVIDIA. (CINI, ROBERT) (Main Document 2 replaced on 8/11/2026) (gev). (Entered: 08/10/2026)

#3

Aug 10, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Evelyn Padin on 8/10/2026. (ijf) (Entered: 08/10/2026)

Aug 10, 2026

Judge Evelyn Padin added. (ijf)

Aug 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action for these type of cases should be 28:2241. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ijf)

Aug 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information: RESPONDENTS WERE NOT ADDED during filing of the Petition.. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ijf)

Aug 10, 2026

Add and Terminate Judges

Aug 10, 2026

QC - Attorney Case Opening

Aug 11, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 2 Exhibit to Petition for Writ of Habeas Corpus filed by ROBERT CINI on 8/10/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (gev)

Aug 11, 2026

QC - Fillable PDF

#4

Aug 12, 2026

NOTICE of Appearance by NATALIE CANDELA on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (CANDELA, NATALIE) (Entered: 08/12/2026)

#5

Aug 12, 2026

U.S. Attorney's Office RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit Record of Deport Alien, # 2 Exhibit IJ Order of Removal, # 3 Exhibit Order to Reinstate removal, # 4 Exhibit Warrant)(CANDELA, NATALIE) (Entered: 08/12/2026)

#6

Aug 13, 2026

TEXT ORDER: The Court is in receipt of Respondents' response to Petitioner's petition, D.E. 5 . Petitioner may file a reply within 5 days. So Ordered by Judge Evelyn Padin on 8/13/2026. (bt) (Entered: 08/13/2026)

Aug 13, 2026

Text Order

#7

Aug 17, 2026

Letter from Petitioner In Reply. (CINI, ROBERT) (Entered: 08/17/2026)

#8

Aug 19, 2026

TEXT ORDER: Petitioner Enrique Alberto Castillo-Gavidia filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities because his 2004 removal order does not place him within a new 90-day removal period of mandatory detention under 8 U.S.C. § 1231(a)(2). D.E. 1 ("Petition"). Petitioner acknowledges that he may be detained on a discretionary basis and seeks either immediate release under appropriate conditions of supervision or an individual custody redetermination. Id. at 2. Petitioner also alleges the conditions at Delaney Hall Detention Facility, where he was detained on August 4, 2026, are inhumane because it is overcrowded, three detainees have died, and it is difficult to access medical care. Id. at 3-4. Respondents filed an answer in opposition to habeas relief, asserting Petitioner is lawfully detained under a final removal order, and his short detention for the purpose of his removal is presumptively reasonable. D.E. 5 ("Answer") at 1-2. In reply, Petitioner reiterates that the 90-day removal period under § 1231(a)(2) has expired, and his extensive community ties, his financial support of his family while at liberty, and the inhumane conditions of detention favor his release on supervision. D.E. 7 ("Reply").It is undisputed that Petitioner was ordered removed from the United States on October 26, 2004, and subsequently illegally reentered. Petition at 2; D.E. 5-2 at 3-4 ("October 26, 2004 Removal Order"); D.E. 5-3 ("Notice of Intent/Decision to Reinstate Prior Order"). On August 4, 2026, the Department of Homeland Security reinstated his final removal order pursuant to 8 U.S.C. § 1231(a)(5). Notice of Intent/Decision to Reinstate Prior Order. The 90-day final removal period began when the removal order was reinstated. 8 U.S.C. § 1231(a)(1)(B); Johnson v. Guzman, 594 U.S. 523, 530 (2021). Respondents have not shown that the 90-day removal period should be extended pursuant to § 1231(a)(1)(C). Answer. Therefore, Petitioner's removal order detention, after expiration of the 90-day period, is discretionary. Petitioner's claim of prolonged detention, having been detained only two weeks, is premature. See Zadvydas v. Davis, 533 U.S. 678, 701 (2001) (holding there is a presumptively reasonable six-month period of detention for removal purposes). At that point, Petitioner may seek an administrative custody redetermination pursuant to 8 C.F.R. § 241.13(d) ("Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future"). Accordingly, it is ORDERED that the Petition, D.E. 1, is DENIED without prejudice. The Clerk shall CLOSE this case. So Ordered by Judge Evelyn Padin on 8/19/2026. (bt) (Entered: 08/19/2026)

Aug 19, 2026

***Civil Case Terminated. (wh)

Aug 19, 2026

Text Order

Aug 19, 2026

Terminate Civil Case