District of New Jersey • 2:26-cv-10897

DEL VILLAR DE LA CRUZ v. WARDEN OF MOSHANNON VALLEY DETENTION FACILITY

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Case Information

Filed: August 25, 2026
Assigned to: Michael E. Farbiarz
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
Aug 20, 2026
PETITION for Writ of Habeas Corpus, filed by BAIRON DEL VILLAR DE LA CRUZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(mfr) (Entered: 08/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 25, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. An immigration-court bond hearing shall be conducted on or before August 27 at 5:00pm, unless by August 27 at 11:00am, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Y.Z. v. Soto, 812 F. Supp. 3d 459, 461-64 (D.N.J. Dec. 12, 2025); Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025); and Buestan v. Chu, 2025 WL 2972252, at *1 (D.N.J. Oct. 21, 2025). The Respondents shall file a status update letter on or before August 28 at 5:00pm. In addition, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before 9:00am on August 26. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. The United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 8/25/2026. (ro, ) (Entered: 08/25/2026)
#3
Aug 25, 2026
NOTICE of Appearance by JACOB HERIC on behalf of WARDEN OF MOSHANNON VALLEY PROCESSING CENTER (HERIC, JACOB) (Entered: 08/25/2026)
Main Document: Notice of Appearance
#4
Aug 25, 2026
Letter from Respondents Regarding Petitioner's Location and Request for Extension. (HERIC, JACOB) (Entered: 08/25/2026)
Main Document: Letter
Aug 25, 2026
Filing Fee Received
Aug 25, 2026
Filing fee: $ 5, receipt number NEW54951 (jr)
Aug 25, 2026
Emergent Immigration Habeas Non-transfer Order
#5
Aug 26, 2026
DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (BASIAK, JOHN) (Entered: 08/26/2026)
Main Document: Declaration
#6
Aug 26, 2026
DECLARATION of Newark Deputy Field Office Director by WARDEN OF MOSHANNON VALLEY PROCESSING CENTER. (HERIC, JACOB) (Entered: 08/26/2026)
Main Document: Declaration
#7
Aug 26, 2026
TEXT ORDER: It does not appear that the Petitioner was detained within this District when the petition was filed. See Respondents' Aug. 25, 2026 Letter (ECF 4); Declaration of Ruben Perez, Jr. (ECF 6) 5-6. So the Court may not have jurisdiction. See Khalil v. Joyce, 777 F. Supp. 3d 369, 393-96 (D.N.J. 2025). In light of the above, the Court is inclined to transfer this case to the Western District of Pennsylvania. See 28 U.S.C. § 1631 (empowering district courts to transfer civil cases to courts in which they could have been filed to address jurisdictional defects). Any party objecting to this proposed course of action shall file a short letter brief on or before August 28 at 5:00pm.. So Ordered by Judge Michael E. Farbiarz on 8/26/26. (ro, ) (Entered: 08/26/2026)
Aug 26, 2026
Text Order

Parties

DEL VILLAR DE LA CRUZ
Party
WARDEN OF MOSHANNON VALLEY DETENTION FACILITY
Party