District of New Jersey • 1:26-cv-10216

Tome Cruz v. Maldonado

Active

Case Information

Filed: August 12, 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
Active
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 21, 2026
Emergency PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20448752, filed by Jaime Antonio Tome Cruz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator Showing MDC as Custodian as of 11:43 AM on 7/21/26, # 3 Exhibit ICE Detainee Locator Showing MDC as Custodian as of 12:44 PM on 7/21/26) (Musa-Obregon, S.) (Entered: 07/21/2026)
Main Document: Emergency PETITION
#2
Jul 21, 2026
Emergency MOTION for Temporary Restraining Order Enjoining Respondents from Transferring Petitioner From the Jurisdiction of the EDNY or the SDNY by Jaime Antonio Tome Cruz. (Musa-Obregon, S.) (Entered: 07/21/2026)
Main Document: Emergency MOTION
#3
Jul 21, 2026
Proposed Summons.Civil Cover Sheet.. by Jaime Antonio Tome Cruz (Musa-Obregon, S.) (Entered: 07/21/2026)
Main Document: Proposed
#4
Jul 21, 2026
Proposed Summons.Civil Cover Sheet.. by Jaime Antonio Tome Cruz (Musa-Obregon, S.) (Entered: 07/21/2026)
Main Document: Proposed
#5
Jul 21, 2026
EXHIBIT Civil Cover Sheet by Jaime Antonio Tome Cruz. (Musa-Obregon, S.) (Entered: 07/21/2026)
Main Document: EXHIBIT
#6
Jul 21, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 07/21/2026)
Main Document: This
#7
Jul 21, 2026
ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Emergency Petition for Writ of Habeas Corpus (28 U.S.C. § 2241) ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by July 21, 2026; (2) Petitioner shall file proof of service on the docket by July 22, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by July 24, 2026. See 28 U.S.C. § 2243; (4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on July 28, 2026, at 2 p.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by July 27, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs; (5) Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 7/21/2026. (TSB) (Entered: 07/21/2026)
Main Document: ORDER
#8
Jul 21, 2026
NOTICE of Appearance by Christopher John Byrne on behalf of Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, Warden (aty to be noticed) (Byrne, Christopher) (Entered: 07/21/2026)
Main Document: NOTICE
#9
Jul 21, 2026
First MOTION to Amend/Correct/Supplement 7 Order on Motion for TRO,,,,,, Order to Show Cause (463),,,,, Respectfully Request that the Order be Amended by Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, Warden. (Byrne, Christopher) (Entered: 07/21/2026)
Main Document: First
Jul 21, 2026
Case Assigned to Judge Orelia E. Merchant. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV)
Jul 21, 2026
Notice: Incorrect Civil Cover Sheet submitted (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 7.16.2026; Effective 7.16.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 7/16/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (LJ)
Jul 21, 2026
Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)
#10
Jul 22, 2026
ORDER granting 9 motion to amend the July 21, 2026, Order to Show Cause. An amended Order to Show Cause is attached. Ordered by Judge Orelia E. Merchant on 7/22/2026. (TSB) (Entered: 07/22/2026)
Main Document: ORDER
#11
Jul 24, 2026
Consent MOTION for Extension of Time to File Response/Reply to the Court's Order to Show Cause by Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, Warden. (Byrne, Christopher) (Entered: 07/24/2026)
Main Document: Consent
Jul 24, 2026
ORDER granting 11 consent motion for extension. Respondents are ordered to file a return to the order to show cause why the Petition should not be granted by July 28, 2026. Additionally, the hearing on the Petition is rescheduled to July 29, 2026, at 11 a.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by July 28, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the written submissions. Ordered by Judge Orelia E. Merchant on 7/24/2026. (TSB)
#12
Jul 28, 2026
REPLY in Opposition filed by Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, Warden. (Attachments: # 1 Declaration of ICE Officer, # 2 Exhibit to Declaration, # 3 Appendix 1, # 4 Appendix 2) (Byrne, Christopher) (Entered: 07/28/2026)
Main Document: REPLY
#13
Jul 29, 2026
First MOTION to Continue Today's Hearing in Order For Petitioner to Reply to the Government's Extensive Briefing Filed Last Night by Jaime Antonio Tome Cruz. (Musa-Obregon, S.) (Entered: 07/29/2026)
Main Document: First
Jul 29, 2026
ORDER granting 13 motion to continue. Petitioner is granted leave to file a reply by July 31, 2026. Additionally, the hearing on the Petition is rescheduled to August 3, 2026, at 12 p.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by July 31, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the written submissions. Ordered by Judge Orelia E. Merchant on 7/29/2026. (TSB)
#14
Aug 01, 2026
Letter Petitioners Reply In Further Support of Habeas Relief by Jaime Antonio Tome Cruz (Attachments: # 1 Exhibit De La Rosa Izaguirre v Blanche, # 2 Exhibit Ndoye v. Joyce II SDNY, # 3 Exhibit Cartagena Jaco v. Blanche SDNY, # 4 Exhibit Lim v Arteta SDNY, # 5 Exhibit Duong v Maldonado EDNY) (Musa-Obregon, S.) (Entered: 08/01/2026)
Main Document: Letter
#15
Aug 03, 2026
MOTION to Amend/Correct/Supplement the Court's Order dated August 3, 2026, to allow for Petitioner to be transferred back to the District of New Jersey by Todd Blanche, Kenneth Genalo, Todd M. Lyons, Markwayne Mullin, Warden. (Byrne, Christopher) (Entered: 08/03/2026)
Main Document: MOTION
Aug 03, 2026
Minute Entry for proceedings held before Judge Orelia E. Merchant: Order to Show Cause Hearing held on August 3, 2026. Appearances: S. Michael Musa-Obregon on behalf of Petitioner; AUSA Christopher J. Byrne on behalf of Respondents. Case called. Hearing held. As stipulated by both parties, the Clerk of Court is directed to transfer this action to the U.S. District Court for the District of New Jersey; a formal order will follow. (Court Reporter: Linda Marino.) (TPL)
Aug 03, 2026
Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Extract Civil Case due by 8/10/2026. Ordered by Judge Orelia E. Merchant on 8/12/2026. (VRM)
Aug 03, 2026
AMENDED TRANSFER ORDER: As stipulated by the parties, this action is hereby transferred to the U.S. District Court for the District of New Jersey. The Clerk of Court is directed to transfer this action to the U.S. District Court for the District of New Jersey and to close this matter. The Court waives compliance with Local Rule 83.1, which otherwise imposes a seven-day delay in the effectuation of the transfer. Further, to preserve the transferee court's jurisdiction, Petitioner shall not be removed from New York or New Jersey until further order of the transferee court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 8/3/2026. (TSB)
Aug 03, 2026
TRANSFER ORDER: As stipulated by the parties, this action is hereby transferred to the U.S. District Court for the District of New Jersey. The Clerk of Court is directed to transfer this action to the U.S. District Court for the District of New Jersey and to close this matter. The Court waives compliance with Local Rule 83.1, which otherwise imposes a seven-day delay in the effectuation of the transfer. Further, to preserve the transferee court's jurisdiction, Petitioner shall not be removed from the District of New Jersey until further order of the transferee court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 8/3/2026. (TSB)
#16
Aug 12, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:26-cv-04395. Original file certified copy of transfer order and docket sheet received. (Entered: 08/12/2026)
Main Document: Case Transferred In - District Court Transfer
#17
Aug 12, 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 8/12/2026. (jjc, ) (Entered: 08/12/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 12, 2026
Judge Christine P. O'Hearn added. (jjc, )
Aug 12, 2026
Order
Aug 12, 2026
Add and Terminate Judges
#18
Aug 17, 2026
Notice of Appearance
Main Document: Notice of Appearance
#19
Aug 17, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#21
Aug 18, 2026
Notice of Appearance
Main Document: Notice of Appearance
Aug 18, 2026
Text Order
#22
Aug 26, 2026
Letter
Main Document: Letter

Parties

Maldonado
Party
Tome Cruz
Party