District of New Jersey • 1:26-cv-11596

COLOMO LOPEZ v. MULLIN

Completed

Case Information

Filed: September 09, 2026
Assigned to: Christine P. O'Hearn
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 17, 2026
Last Activity: September 18, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 09, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17911215.), filed by DADY Y. COLOMO LOPEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(CANDIA, WILLIAM) (Entered: 09/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 09, 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 9/9/26. (tjg, ) (Entered: 09/09/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
#3
Sep 09, 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 three (3) 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 9/9/2026. (hem, ) (Entered: 09/09/2026)
Sep 09, 2026
Emergent Immigration Habeas Non-transfer Order
Sep 09, 2026
Case Assigned/Reassigned
Sep 09, 2026
Case assigned to Judge Christine P. O'Hearn. (tjg, )
Sep 09, 2026
Text Order
#4
Sep 14, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (STRATIGEAS, CHRISTOPHER) (Entered: 09/14/2026)
Main Document: Notice of Appearance
#5
Sep 14, 2026
Letter from Respondents re: Petitioner's Post-Injunction Transfer and Status Report re 2 Emergent Immigration Habeas Non-transfer Order. (STRATIGEAS, CHRISTOPHER) (Entered: 09/14/2026)
Main Document: Letter
#6
Sep 16, 2026
Letter from Petitioner. (CANDIA, WILLIAM) (Entered: 09/16/2026)
Main Document: Letter
#7
Sep 16, 2026
TEXT ORDER: The Court is in receipt of the September 14, 2026 Letter from Respondents (ECF No. 5), in which they advise that Petitioner was transferred from New Jersey to Texas after and in violation of this Court's no transfer order (ECF No. 2), and Petitioner's Response (ECF No. 6). Respondents are ORDERED to return Petitioner to New Jersey within 24 hours and promptly file a letter on the docket so confirming. Additionally, since more than 7 days have now passed since the Court's Order directing Respondents to release Petitioner and/or file a response and Respondents having failed to do so, and Respondents further failing to contest the allegations in the Petition that Petitioner has no final order of removal or criminal history, it is hereby ORDERED that Petitioner be immediately released upon his return to New Jersey and Respondents promptly file a letter on the docket so confirming. So Ordered by Judge Christine P. O'Hearn on 9/16/2026. (hem, ) (Entered: 09/16/2026)
Sep 16, 2026
Text Order
#8
Sep 17, 2026
Letter from Respondents re: Petitioner's Release re 7 Text Order,,,. (STRATIGEAS, CHRISTOPHER) (Entered: 09/17/2026)
Main Document: Letter
#9
Sep 17, 2026
TEXT ORDER: In light of Petitioner's release, see ECF No. 8, and because no claims remain pending before the Court, the Clerk of Court is directed to close this case. So Ordered by Judge Christine P. O'Hearn on 9/17/2026. (hem, ) (Entered: 09/17/2026)
Sep 17, 2026
***Civil Case Terminated. (hem, )
Sep 17, 2026
Text Order
Sep 17, 2026
Terminate Civil Case
#10
Sep 18, 2026
SUPPLEMENTAL ORDER; that Respondents are PERMANENTLY ENJOINED from re-arresting or otherwise detaining Petitioner under § 1225, which this Court has found inapplicable to him; that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of fourteen (14) days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted; that the Clerk of the Court shall CLOSE this case. Signed by Judge Christine P. O'Hearn on 9/17/2026. (ld) (Entered: 09/18/2026)
Main Document: Order