District of New Jersey • 1:26-cv-10112

PINEDA-ARCE v. LYONS

Completed

Case Information

Filed: August 10, 2026
Assigned to: Christine P. O'Hearn
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 03, 2026
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 10, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW 54825.), filed by ROLANDO JEOVANNI PINEDA-ARCE. (Attachments: # 1 Exhibits, # 2 Certificate of Service, # 3 Envelope)(mfr) (Entered: 08/10/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 10, 2026
Memorandum in Support of 1 Petition for Writ of Habeas Corpus by ROLANDO JEOVANNI PINEDA-ARCE. (mfr) (Entered: 08/10/2026)
Main Document: Exhibit (to Document)
#3
Aug 10, 2026
MOTION to Expedite by ROLANDO JEOVANNI PINEDA-ARCE. (mfr) (Entered: 08/10/2026)
Main Document: Expedite
#4
Aug 10, 2026
MOTION for Temporary Restraining Order by ROLANDO JEOVANNI PINEDA-ARCE. (mfr) (Entered: 08/10/2026)
Main Document: Temporary Restraining Order
#5
Aug 10, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Christine P. O'Hearn on 8/10/2026. (mfr) (Entered: 08/10/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
#6
Aug 11, 2026
Exhibits to 1 Petition for Writ of Habeas Corpus by ROLANDO JEOVANNI PINEDA-ARCE. (dmr, )NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 08/11/2026)
Main Document: Exhibit (to Document)
#7
Aug 11, 2026
TEXT ORDER: In light of the Court's Self-Executing Order (ECF No. 5), Petitioner's Motion to Expedite (ECF No. 3) and Motion for Temporary Restraining Order (ECF No. 4) are hereby denied as moot. So Ordered by Judge Christine P. O'Hearn on 8/11/2026. (hem, nm) (Entered: 08/11/2026)
Aug 11, 2026
Order on Motion for TRO AND Order on Motion to Expedite
#8
Aug 12, 2026
NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, TODD LYONS, WARDEN DELANEY HALL (ZARRILLO, BRIDGET) (Entered: 08/12/2026)
Main Document: Notice of Appearance
#9
Aug 13, 2026
RESPONSE to Petition for Writ of Habeas Corpus by ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, TODD LYONS, WARDEN DELANEY HALL. (Attachments: # 1 Exhibit EX 1 2006 I213 FORM, # 2 Exhibit EX 2 NOTICE TO APPEAR, # 3 Exhibit EX 3 REMOVAL ORDER, # 4 Exhibit EX 4 IJ MOTION TO REOPEN ORDER)(ZARRILLO, BRIDGET) (Entered: 08/13/2026)
Main Document: Response to Habeas Petition
#10
Aug 13, 2026
TEXT ORDER. The Court is in receipt of Respondents' Answer and Opposition to the Petition, (ECF No. 9), which does not address certain relevant aspects of the Petition. First, Petitioner asserts that he has an appeal pending before the Board of Immigration Appeals ("BIA") and that he requested a stay of removal pending resolution of that appeal. (ECF No. 1-1 at 7). Although Respondents address whether an automatic stay of removal applies, (see ECF No. 9-10 at n.1), they do not reference the filing of a motion for a stay with the BIA and do not address the effect, if any, of such motion. Second, Petitioner alleges that he previously filed a habeas corpus petition in federal court in Louisiana that remained pending when he was transferred to this District. (ECF No. 1 at 5). Respondents do not address the status of that petition, whether it was adjudicated or what, if any, effect it has on the Petition presently before this Court. Accordingly, by August 17, 2026, at 5:00 p.m., Respondents shall file a supplemental submission addressing both issues. The Court further observes that Petitioner may presently be represented by counsel in his administrative immigration proceedings. (See ECF No. 1-1 at 10; ECF No. 9-4 at 2). Accordingly, by August 27, 2026, Petitioner shall inform the Court whether he has retained counsel in connection with this matter. If so, counsel shall promptly enter an appearance. If not, Petitioner shall, by the same date, inform the Court whether he intends to continue to proceed pro se or wishes to apply for the appointment of pro bono counsel. Finally, Respondents shall personally serve upon Petitioner a copy of this Order and the Court's Application for Pro Bono Counsel, Form DNJ-Pro Bono-005 (06/2025), and shall promptly file proof of such service. So Ordered by Judge Christine P. O'Hearn on 8/13/2026. (jml, ) (Entered: 08/13/2026)
Aug 13, 2026
Text Order
#11
Aug 14, 2026
CERTIFICATE OF SERVICE by ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, TODD LYONS, WARDEN DELANEY HALL (ZARRILLO, BRIDGET) (Entered: 08/14/2026)
Main Document: Certificate of Service
#12
Aug 17, 2026
Letter from Respondents in response to Court's Text Order re: supplemental briefing. (Attachments: # 1 Exhibit Ex 1- WDLA Docket)(ZARRILLO, BRIDGET) (Entered: 08/17/2026)
Main Document: Letter
#13
Aug 21, 2026
First MOTION to Substitute Attorney Stephanie M. Duque Isern, Esq. by ROLANDO JEOVANNI PINEDA-ARCE. (DUQUE-ISERN, STEPHANIE) (Entered: 08/21/2026)
Main Document: Substitute Attorney
#14
Aug 21, 2026
TEXT ORDER. The Court is in receipt of Petitioner's "Motion for Substitution" of counsel. (ECF No. 13). Because Petitioner is presently proceeding pro se, no motion to substitute counsel is required. See Kant v. Seton Hall Univ., No. 00-5204, 2009 WL 3806450, at *1 (D.N.J. Nov. 12, 2009) ("Where a plaintiff chooses to proceed pro se, a substitution of attorney form is unnecessary."). The motion, (ECF No. 13), is therefore ADMINISTRATIVELY TERMINATED. However, because the filing expressly states that "[u]ndersigned counsel hereby enters an appearance on behalf of Petitioner," (ECF No. 13 at 1), the Court will construe it as an effective notice of appearance. Now that Petitioner is represented by counsel, Petitioner shall, within seven (7) days of the date of this Order, submit a response to the Government's submissions. (See ECF Nos. 9, 12). So Ordered by Judge Christine P. O'Hearn on 8/21/2026. (jml, ) (Entered: 08/21/2026)
Aug 21, 2026
Text Order
#15
Aug 27, 2026
Letter from Petitioner replying to Respondents' August 13,2026 Letter re 9 Response to Habeas Petition,. (DUQUE-ISERN, STEPHANIE) (Entered: 08/27/2026)
Main Document: Letter
#16
Aug 28, 2026
TEXT ORDER: The Court is in receipt of Petitioner's reply. (ECF No. 15). Petitioner contends, among other things, that his continued detention is unlawful under Zadvydas v. Davis, 533 U.S. 678 (2001), and this Court's decision in Santamaria-Mejia v. ICE, No. 26-7437, 2026 WL 2018107 (D.N.J. July 13, 2026), because Respondents have not identified what steps, if any, they have taken to effectuate his removal pursuant to the in absentia removal order entered in 2006. Accordingly, no later than September 1, 2026, Respondents shall file a supplemental submission, supported by an updated declaration from an appropriate ICE official and any relevant documentation, addressing: (1) all efforts undertaken to effectuate Petitioner's removal since his current detention began, including any efforts to obtain or confirm travel authorization, coordinate with the receiving country, or arrange transportation; (2) whether Petitioner has an anticipated or scheduled removal date and, if so, the basis for that representation; and (3) whether any of Petitioner's pending immigration applications stay or otherwise affect Respondents' ability to remove him in the reasonably foreseeable future. So Ordered by Judge Christine P. O'Hearn on 8/28/2026. (hem, ) (Entered: 08/28/2026)
Aug 28, 2026
Text Order
#17
Sep 01, 2026
Letter from Respondents in response to Text Order, ECF No. 16. (Attachments: # 1 Exhibit Ex 1- DO Worrell Declaration)(ZARRILLO, BRIDGET) (Entered: 09/01/2026)
Main Document: Letter
#18
Sep 01, 2026
TEXT ORDER: The Court is in receipt of Respondents' latest submission, which represents that Petitioner's removal is imminent absent the Court's no-transfer order. (ECF No. 17). Petitioner may file a reply by Tuesday, September 8, 2026. In any reply, Petitioner shall specifically address what legal effect, if any, the pending motion for a stay and/or appeal of his removal order before the Board of Immigration Appeals has on Respondents' representation that his removal is imminent. So Ordered by Judge Christine P. O'Hearn on 9/1/2026. (hem, ) (Entered: 09/01/2026)
Sep 01, 2026
Text Order
#19
Sep 02, 2026
Letter from Petitioner replying to Respondent's Supplemental Briefing re 17 Letter. (DUQUE-ISERN, STEPHANIE) (Entered: 09/02/2026)
Main Document: Letter
#20
Sep 03, 2026
Letter from Petitioner replying to respondents' supplemental briefing. (DUQUE-ISERN, STEPHANIE) (Entered: 09/03/2026)
Main Document: Letter
#21
Sep 03, 2026
ORDER denying 1 Petition WITHOUT PREJUDICE; ordering that the Court's prior Order 5 enjoining Petitioner's transfer from New Jersey shall REMAIN IN EFFECT; directing the Clerk of Court to CLOSE this case. Signed by Judge Christine P. O'Hearn on 9/3/2026. (fbm) (Entered: 09/03/2026)
Main Document: Order of Dismissal
Sep 03, 2026
CLERK'S QUALITY CONTROL MESSAGE - The 19 LETTER submitted by STEPHANIE MARIE DUQUE-ISERN on 9/2/2026 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (sms2)
Sep 03, 2026
QC - Document Not Signed by Attorney