District of New Jersey • 1:26-cv-11510

#1

Sep 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17903444.), filed by Dario Xavier Zhuzhingo Yascaribay.(JIMENEZ, EDUARDO) (Entered: 09/04/2026)

#2

Sep 04, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 9/4/2026. (jml, ) (Entered: 09/04/2026)

Sep 04, 2026

Add and Terminate Judges

Sep 04, 2026

Judge Christine P. O'Hearn added. (jml, )

Sep 04, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Sep 05, 2026

TEXT ORDER. The Court is in receipt of the Petition for Writ of Habeas Corpus in which Petitioner alleges that they are being unlawfully detained without a bond hearing. If Petitioner was initially detained pursuant to 8 U.S.C. § 1225(b)(2), their detention is unlawful under Buele Morocho v. Warden Phila. FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), and Respondents shall immediately release Petitioner from custody under the same conditions that existed before their current detention, return all property to them, and promptly file a letter on the docket so confirming. If not released, within five (5) calendar days of this Order, Respondents shall file a letter on the docket addressing whether Petitioner: (1) has a criminal history warranting mandatory detention under 8 U.S.C. § 1226(c); (2) is subject to a final order of removal; or (3) was initially detained pursuant to 8 U.S.C. § 1226(a) and afforded a bond hearing. Respondents are further reminded that the Court will not accept a "post hoc justification[] for detention." Arias Gudino v. Lowe, 785 F. Supp. 3d 27, 46 n.8 (M.D. Pa. 2025); cf. Marshall v. Lansing, 839 F.2d 933, 943-44 (3d Cir. 1988) ("A court must review the agency's actual on-the-record reasoning process... not a post hoc rationalization, or agency counsel's in-court reasoning."). Accordingly, if Respondents contend that § 1226(a) supplied the authority for Petitioner's detention from the outset, they must provide competent proof establishing that fact. So Ordered by Judge Christine P. O'Hearn on 9/5/2026. (jml, ) (Entered: 09/05/2026)

Sep 05, 2026

Text Order

#4

Sep 10, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of ERO, NEWARK FIELD OFFICE DIRECTOR, U.S. ATTORNEY GENERAL, U.S. ICE, WARDEN (CARRARA, CHRISTIAN) (Entered: 09/10/2026)

#5

Sep 10, 2026

Letter from U.S. Attorney's Office Re. Response to ECF 3. (Attachments: # 1 Exhibit A: Motion to Correct Order)(CARRARA, CHRISTIAN) (Entered: 09/10/2026)

#6

Sep 10, 2026

Letter from Petitioner re 5 Letter. (JIMENEZ, EDUARDO) (Entered: 09/10/2026)

#7

Sep 11, 2026

TEXT ORDER: The Court is in receipt of Respondents' opposition and Petitioner's reply thereto. (ECF Nos. 5-6). Respondents do not appear to contend that Petitioner remains within the 90-day mandatory removal period under 8 U.S.C. § 1231(a), yet assert that his detention is presumptively reasonable under Zadvydas v. Davis, 533 U.S. 678 (2001), because he has been detained for approximately 77 days. (See ECF No. 5 at 2). In light of the Court's recent decision in Egharevba v. Benzel, No. 26-10628, 2026 WL 2655018 (D.N.J. Sept. 9, 2026), Respondents shall, by Tuesday, September 15, 2026, file a supplemental letter addressing whether Petitioner's removal is significantly likely in the reasonably foreseeable future. The letter shall be supported by appropriate documentation and/or a certification from an official with sufficient knowledge of Respondents' removal efforts as to Petitioner. Among other matters bearing on that inquiry, Respondents shall specifically address the effect, if any, of the need to administratively correct Petitioner's final order of removal on the likelihood and timing of removal. So Ordered by Judge Christine P. O'Hearn on 9/11/2026. (hem, ) (Entered: 09/11/2026)

Sep 11, 2026

Text Order

#8

Sep 15, 2026

Letter from Respondents Re. Supplemental Response to ECF 7. (Attachments: # 1 Exhibit A: Declaration of James Carroll)(CARRARA, CHRISTIAN) (Entered: 09/15/2026)

#9

Sep 17, 2026

Letter from Petitioner in Reply to Respondents' Supplemental Response re 8 Letter, 7 Text Order,,,,. (JIMENEZ, EDUARDO) (Entered: 09/17/2026)

#10

Sep 18, 2026

ORDER that the Petition for Writ of Habeas Corpus, (ECF No. 1 ), is DENIED WITHOUT PREJUDICE; the Court's existing no-transfer Order, (ECF No. 2), shall remain in effect until the earlier of: (1) the issuance of a corrected order of removal; or (2) October 30, 2026, at which time the no-transfer Order shall be VACATED without further order of the Court; the Clerk of the Court shall close this case. Signed by Judge Christine P. O'Hearn on 9/18/2026. (mj) (Entered: 09/18/2026)