District of New Jersey • 2:26-cv-11365

#1

Sep 02, 2026

First PETITION for Writ of Habeas Corpus V. JASON BENZEL ET AL. ( Filing fee $ 5 receipt number ANJDC-17892540.), filed by ARLIN JEFERSON BERMEO BARCO. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 09/02/2026)

#2

Sep 02, 2026

First MOTION for Temporary Restraining Order V. JASON BENZEL ET AL. by ARLIN JEFERSON BERMEO BARCO. (DUQUE-ISERN, STEPHANIE) (Entered: 09/02/2026)

#3

Sep 02, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Julien Xavier Neals on 9/2/2026. (jml, ) (Entered: 09/02/2026)

Sep 02, 2026

Judge Julien Xavier Neals added. (jml, )

Sep 02, 2026

Add and Terminate Judges

#4

Sep 09, 2026

NOTICE of Appearance by TAYLOR DOW on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, DAVID VENTURELLA (DOW, TAYLOR) (Entered: 09/09/2026)

#5

Sep 09, 2026

Letter from Respondents. (Attachments: # 1 Exhibit A - NYS Case Details, # 2 Exhibit B - Mun. Ct. Case Search, # 3 Exhibit C - Sept. 3, 2026 I-286)(DOW, TAYLOR) (Entered: 09/09/2026)

#6

Sep 10, 2026

Letter from Petitioner replying to Respondents' September 9,,2026 Letter re 5 Letter. (DUQUE-ISERN, STEPHANIE) (Entered: 09/10/2026)

#7

Sep 10, 2026

TEXT ORDER - Before the Court is Petitioner Arlin Jefferson Bermeo Barco's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing (ECF No. 1 ); Respondents' letter response informing the Court of Petitioner's criminal history (ECF No. 5 ); and Respondents' letter informing the Court that, based on the Third Circuit's precedential decision in Buele Morocho v. Warden Philadelphia FDC, --- F.4th ---, ---, 2026 WL 2546223, at *2-10 (3d Cir. 2026), Petitioner is detained under 8 U.S.C. § 1226(a) (ECF No. 5 ). On August 28, 2026, the Third Circuit held that noncitizens who entered the United States without admission or inspection and are later arrested in the interior of the country may not be detained without bond under Section 1225(b)(2), see Buele Morocho, --- F.4th ---, ---, 2026 WL 2546223, at *2-10. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED. In light of Petitioner's criminal history, the Court finds that a bond hearing is the appropriate remedy. See Boumediene v. Bush, 553 U.S. 723, 779 (2008) (recognizing that habeas corpus is "an adaptable remedy" that depends on the circumstances, and that "release need not be the exclusive remedy and is not the appropriate one in every case in which the writ is granted"); see also Buele Morocho (affirming release of petitioners unlawfully detained under § 1225(b)(2), where they had no criminal history). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge, who shall assess whether Petitioner presents a flight risk or a danger to the community. It is further ORDERED that, within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 9/10/2026. (kd) (Entered: 09/10/2026)

Sep 10, 2026

***Civil Case Terminated. (wh)

Sep 10, 2026

Text Order

Sep 10, 2026

Terminate Civil Case

#8

Sep 16, 2026

Letter from Respondents. (Attachments: # 1 Exhibit A - Sept. 15, 2026 Order of the Immigration Judge)(DOW, TAYLOR) (Entered: 09/16/2026)