District of New Jersey • 2:26-cv-11427

#1

Sep 03, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief ( Filing fee $ 5 receipt number ANJDC-17897257.), filed by NELSON FERNANDO KLEISS MENDOZA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Civil Cover Sheet)(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 Katharine S. Hayden on 9/3/2026. (ijf) (Entered: 09/03/2026)

Sep 03, 2026

Judge Katharine S. Hayden added. (ijf)

Sep 03, 2026

Add and Terminate Judges

#3

Sep 06, 2026

Notice of Appearance

#4

Sep 08, 2026

Letter

#5

Sep 10, 2026

Letter

#6

Sep 18, 2026

Letter

#7

Sep 18, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Nelson Fernando Kleiss Mendoza's motion for urgent medical release from immigration detention to attend his scheduled spinal surgery on September 22, 2026. (ECF No. 6 "Letter/Motion"). It is ORDERED that Respondents shall show cause, in writing by 4:00 p.m. today, why the Court should not release Petitioner on September 21, 2026, to prepare for and attend his scheduled surgery. So Ordered by Judge Katharine S. Hayden on 9/18/26. (cm, ) (Entered: 09/18/2026)

#8

Sep 18, 2026

Letter

#9

Sep 18, 2026

TEXT ORDER: Petitioner shall file a reply to Respondents' response to Petitioner's motion for urgent medical release (Dkt. No. 8 "Response") by noon on Monday, September 21, 2026. The reply shall include legal authority and evidence supporting Petitioner's request for relief. So Ordered by Judge Katharine S. Hayden on 9/18/26. (cm, ) (Entered: 09/18/2026)

Sep 18, 2026

Order

#10

Sep 21, 2026

Letter from Petitioner regarding release and medical care. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(MIRON, ALEXANDRA) (Entered: 09/21/2026)

#11

Sep 21, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner's reply in support of his letter/motion for urgent medical release. (ECF No. 8, Reply.) Respondents shall file a written response, by 3:00 p.m. today, to Petitioner's request for assurance that ICE will transport him for his scheduled surgery tomorrow "with the preoperative, transportation, mobility, and postoperative arrangements identified." (Reply at 2.) So Ordered by Judge Katharine S. Hayden on 9/21/26. (cm, ) (Entered: 09/21/2026)

#12

Sep 21, 2026

Letter from USAO Re: Court's Order re 11 Order,,. (ARNING, THOMAS) (Entered: 09/21/2026)

#13

Sep 21, 2026

TEXT ORDER:The Court has reviewed Respondents' response (ECF No. 12) to Petitioner's reply (ECF No. 10). Respondents shall file a status report no later than noon on September 22, 2026. So Ordered by Judge Katharine S. Hayden on 9/21/26. (cm, ) (Entered: 09/21/2026)

Sep 21, 2026

Order

#14

Sep 22, 2026

Letter from USAO Re: Second Medical Update re 13 Order,. (ARNING, THOMAS) (Entered: 09/22/2026)

#15

Sep 22, 2026

TEXT ORDER: This matter comes before the Court on Respondents' status update concerning Petitioner's letter/motion for urgent medical release. (ECF No. 14, Status Report.) It is ORDERED that Petitioner shall file a status report by 3:00 p.m. on September 23, 2026. So Ordered by Judge Katharine S. Hayden on 9/22/26. (cm, ) (Entered: 09/22/2026)

Sep 22, 2026

Order

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Sep 23, 2026

Letter

#17

Sep 28, 2026

TEXT ORDER: This matter comes before the Court on Petitioner Nelson Fernando Kleiss Mendoza's petition for a writ of habeas corpus (ECF No. 1, "Petition") in which he seeks immediate release from immigration custody. Petitioner is a citizen of Venezuela who was released on an order of supervision in December 2021 after claiming fear of returning to Venezuela. (ECF No. 4 at 1.) U.S. Immigration and Customs Enforcement ("ICE") revoked his release on September 1, 2026, when he appeared for a check-in in New York. (ECF No. [4-1] at 3; ECF No. [4-2] at 1.) Respondents assert that Petitioner is subject to a final order of removal and is detained under 8 U.S.C. § 1231. (ECF No. 4 at 1-2.) Petitioner asserts that ICE revoked his release without complying with 8 C.F.R. §§ 241.4(l) and 241.8, and that his removal is not imminent because his reasonable fear interview has never been scheduled. (ECF No. 5 at 1-2; ECF No. 10 at 2; ECF No. 16 at 2.) Respondents have not responded to those arguments, and the Court cannot resolve them on the current record. Nor can the Court determine on the current record whether 8 U.S.C. § 1252(g) or § 1252(b)(9) limits its jurisdiction to review Petitioner's re-detention. See Tazu v. Att'y Gen. U.S., 975 F.3d 292, 298-99 (3d Cir. 2020). Accordingly, it is ORDERED that, by no later than noon on Friday, October 2, 2026, Respondents shall file a supplemental response not to exceed three pages, accompanied by a sworn declaration from an ICE official with personal knowledge, addressing: (1) whether Tazu bars review of Petitioner's claims, including the status of Petitioner's reasonable fear referral, whether ICE has obtained travel documents, and Petitioner's anticipated removal date; (2) whether Petitioner's December 2021 release was under 8 C.F.R. § 241.4 or § 241.13; (3) the identity of the official who revoked Petitioner's release and that official's authority to do so; (4) whether and when Petitioner received the informal interview required by 8 C.F.R. § 241.4(l)(1); (5) the date Petitioner's prior removal order was reinstated, attaching the Form I-871 and Petitioner's order of supervision; and (6) the "pending criminal charges" referenced in the Form I-213 (ECF No. [4-1] at 5). Petitioner may file a reply brief, not to exceed three pages, and any additional supporting evidence by noon on Tuesday, October 6, 2026. Respondents' failure to comply with this Order may result in Petitioner's release. So Ordered by Judge Katharine S. Hayden on 9/28/26. (cm, ) (Entered: 09/28/2026)

Sep 28, 2026

Order

#18

Oct 02, 2026

Letter

#19

Oct 05, 2026

Letter