District of New Jersey • 2:26-cv-11454

#1

Sep 03, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17898762.), filed by JOSE ARREAZA DE LA ROSA. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Text of Proposed Order)(MIRON, ALEXANDRA) (Entered: 09/03/2026)

#2

Sep 03, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Evelyn Padin on 9/3/2026. (jml, ) (Entered: 09/03/2026)

Sep 03, 2026

Add and Terminate Judges

Sep 03, 2026

Judge Evelyn Padin added. (jml, )

#3

Sep 05, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (MAGGIO, KEVIN) (Entered: 09/05/2026)

#4

Sep 05, 2026

Letter from Respondents re: Response to Court's September 3, 2026 Order. (Attachments: # 1 Exhibit 1 (NJ Courts' Municipal Court Case Search Database Printouts), # 2 Exhibit 2 (Sept. 1, 2026 Form I-831), # 3 Exhibit 3 (Sept. 1, 2026 Form I-286))(MAGGIO, KEVIN) (Entered: 09/05/2026)

#5

Sep 05, 2026

Letter from Petitioner regarding appropriate remedy. (MIRON, ALEXANDRA) (Entered: 09/05/2026)

#6

Sep 21, 2026

Letter from PETITIONER. (MIRON, ALEXANDRA) (Entered: 09/21/2026)

#7

Sep 22, 2026

TEXT ORDER: Petitioner Jose Arreaza de la Rosa filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities. D.E. 1 ("Petition"). Respondents filed an answer in opposition to Petitioner's release due to his history of motor vehicle offenses, D.E. 4 ("Answer"), and assert Petitioner is detained with an opportunity to seek bond under 8 U.S.C. § 1226(a). Answer at 1-2. Petitioner filed a reply, D.E. 5, seeking release pursuant to the Court's order to answer the Petition, which ordered release as an alternative to filing an expedited answer, D.E. 2 ("Order to Answer.") Noncitizens who are arrested in the interior of the Unites States years after entry without inspection may be detained by immigration authorities under 8 U.S.C. § 1226(a) but must be provided an opportunity for a bond hearing. See Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223, at *2 (3d Cir. Aug. 28, 2026) (discussing statutory text of §§ 1225(b)(2)(A) and 1226(a)). While habeas provides a flexible remedy, see Boumediene v. Bush, 553 U.S. 723, 779 (2008), the Court determines that a bond hearing is appropriate here. See Buele Morocho at *8 (concluding the petitioner's detention under § 1226(a) without a bond hearing violated due process). Accordingly, it is ORDERED that Respondents shall ensure that Petitioner receives a bond hearing within three business days, unless Petitioner requests to reschedule the hearing to a later date; and it is further ORDERED that if Respondents fail to schedule a timely bond hearing, Respondents shall RELEASE Petitioner within twenty-four hours after the deadline to conduct the bond hearing expires. In such a case, Respondents may schedule a bond hearing after Petitioner's release, and re-detain Petitioner if ordered by the immigration judge; and it is further ORDERED that if Respondents schedule a bond hearing for Petitioner after release, and Petitioner fails to appear for the scheduled bond hearing, Petitioner may be re-detained; and it is finally ORDERED that within four business days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order or (b) a letter indicating the status of Petitioner's bond hearing. So Ordered by Judge Evelyn Padin on 9/22/2026. (bt) (Entered: 09/22/2026)

Sep 22, 2026

Text Order

#8

Sep 25, 2026

Letter from Respondents re: Petitioner's Bond Hearing Before an Immigration Judge. (Attachments: # 1 Exhibit 1 (Sept. 24, 2026 Order of the Immigration Judge))(MAGGIO, KEVIN) (Entered: 09/25/2026)