District of New Jersey • 3:26-cv-11163

#1

Aug 28, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO ET AL ( Filing fee $ 5 receipt number ANJDC-17872990.), filed by JAVIER LOPEZ MARTINEZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 08/28/2026)

#2

Aug 28, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO ET AL by JAVIER LOPEZ MARTINEZ. (DUQUE-ISERN, STEPHANIE) (Entered: 08/28/2026)

#3

Aug 28, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Zahid N. Quraishi on 8/28/2026. (jml, ) (Entered: 08/28/2026)

Aug 28, 2026

Add and Terminate Judges

Aug 28, 2026

Judge Zahid N. Quraishi added. (jml, )

#4

Aug 31, 2026

NOTICE of Appearance by ELIZABETH VIEYRA on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (VIEYRA, ELIZABETH) (Entered: 08/31/2026)

#5

Aug 31, 2026

Letter from US Attorney's Office, Criminal History re 3 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit Ex. 1 - Criminal History Report)(VIEYRA, ELIZABETH) (Entered: 08/31/2026)

#6

Sep 01, 2026

TEXT ORDER: The Court having reviewed the Government's letter in this matter, the Government shall file a full response to the petition within seven days of the entry of this Order. The Government's response shall provide any further details the Government has regarding the facts surrounding Petitioner's offense history beyond those previously submitted. Petitioner may file a reply within two days of the filing of the Government's answer. So Ordered by Judge Zahid N. Quraishi on 9/1/2026. (kas, ) (Entered: 09/01/2026)

Sep 01, 2026

Text Order

#7

Sep 08, 2026

Letter from US Attorney's Office, Further Detail Regarding Criminal History re 6 Text Order,,. (Attachments: # 1 Exhibit 1 - Complaint, # 2 Exhibit 2 - I-286)(VIEYRA, ELIZABETH) (Entered: 09/08/2026)

#8

Sep 10, 2026

Letter from Petitoner responding to Respondents' Letter regarding Petitioner's criminal history re 7 Letter. (DUQUE-ISERN, STEPHANIE) (Entered: 09/10/2026)

#9

Sep 17, 2026

TEXT ORDER: The Court has reviewed Respondents' letter regarding Petitioner's detention authority and exhaustion (ECF No. 7 ), as well as Petitioner's response (ECF No. 8 ). Respondents previously maintained that Petitioner was detained pursuant to 8 U.S.C. § 1225(b)(2), but now represent that ICE reevaluated Petitioner's custody status and reclassified him as detained under 8 U.S.C. § 1226(a) in light of Buele Morocho v. Warden, No. 26-1150 (3d Cir. Aug. 28, 2026). Petitioner represents that, notwithstanding his request for Immigration Judge review, no bond hearing has been scheduled. Accordingly, without resolving the validity of ICE's reclassification or the parties' respective positions regarding exhaustion, the Court finds that an expedited bond hearing is warranted. Respondents shall ensure that Petitioner receives an individualized bond hearing before an Immigration Judge within seven (7) days of the entry of this Order. Within two (2) days after the hearing, Respondents shall file a letter advising the Court of the outcome and attaching the Immigration Judge's custody determination. Respondents' request for dismissal based on failure to exhaust administrative remedies is denied without prejudice pending completion of the bond hearing. The Court reserves decision on Petitioner's request for immediate release and all other issues raised in the Petition. The Court's prior Order enjoining Petitioner's transfer from New Jersey shall remain in effect pending further Order of the Court. So Ordered by Judge Zahid N. Quraishi on September 17, 2026.(kas) (Entered: 09/17/2026)

Sep 17, 2026

Text Order

#10

Sep 25, 2026

Letter from US Attorney's Office, Bond Hearing Update re 9 Text Order,,,,,,. (Attachments: # 1 Exhibit 1 - IJ Bond Order)(VIEYRA, ELIZABETH) (Entered: 09/25/2026)

#11

Sep 28, 2026

TEXT ORDER: The Court has reviewed Respondents' September 25, 2026 letter regarding Petitioner's location and previously filed habeas petition in the Southern District of New York (ECF No. 4 ). Respondents advise that Petitioner departed New Jersey for Louisiana on the morning of September 25, 2026, several hours before this action was filed and before the Court entered its September 25, 2026 Order enjoining Petitioner's transfer from New Jersey (ECF No. 2 ). Respondents further advise that Petitioner filed a habeas petition concerning his detention in the Southern District of New York on September 24, 2026. See Touray v. Genalo, et al., No. 26-cv-08370 (AT) (S.D.N.Y.). The Third Circuit generally applies the first-filed rule in cases of concurrent federal jurisdiction, under which "the court which first has possession of the subject must decide it," while recognizing that the rule is grounded in principles of comity and remains subject to equitable considerations. See E.E.O.C. v. Univ. of Pa., 850 F.2d 969, 971-76 (3d Cir. 1988). In light of the earlier-filed action in the Southern District of New York, which appears to concern the same underlying detention and circumstances presented here, the Court declines to exercise jurisdiction over this subsequently filed action. Accordingly, this action is DISMISSED WITHOUT PREJUDICE to Petitioner pursuing relief in the first-filed action pending in the Southern District of New York. The Court's September 25, 2026 Order (ECF No. 2) is VACATED as moot insofar as Petitioner had already departed New Jersey before that Order was entered. The Clerk of Court shall CLOSE this case.(kas, ) (Entered: 09/28/2026)

#12

Sep 28, 2026

Letter

Sep 28, 2026

Order of Dismissal