District of New Jersey • 1:26-cv-11858

A.J.P.S. v. BENZEL

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Case Information

Filed: September 11, 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
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Last Activity: October 21, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 11, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17929195.), filed by A.J.P.S.. (Attachments: # 1 Civil Cover Sheet)(MARTINEZ, MICHAEL) (Entered: 09/11/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 11, 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 9/11/2026. (ijf) (Entered: 09/11/2026)
Sep 11, 2026
Emergent Immigration Habeas Non-transfer Order
Sep 11, 2026
Add and Terminate Judges
Sep 11, 2026
Judge Christine P. O'Hearn added. (ijf)
#3
Sep 12, 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 and raises concerns regarding their medical condition and access to counsel. 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. Within that same period, Respondents shall ensure that Petitioner is afforded in-person access to counsel, address the medical concerns raised in the Petition, and advise the Court of the steps taken as to both. 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 9/12/2026. (jml, ) (Entered: 09/12/2026)
Sep 12, 2026
Text Order
#4
Sep 14, 2026
NOTICE of Appearance by MATTHEW ANTHONY JOHNSON on behalf of A.J.P.S. (Attachments: # 1 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 09/14/2026)
Main Document: Notice of Appearance
#5
Sep 15, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, ARTHUR J. WILSON, JR (STRATIGEAS, CHRISTOPHER) (Entered: 09/15/2026)
Main Document: Notice of Appearance
#6
Sep 15, 2026
MOTION to Proceed Under a Pseudonym and to Redact References to Petitioner's Identity in all Subsequent Submissions, Orders, and Opinions by A.J.P.S.. (Attachments: # 1 Memorandum of Law in Support of Unopposed Motion to Proceed Under Pseudonym and to Redact References to Petitioner's Identity in all Subsequent Submissions, Orders, and Opinions, # 2 Declaration of Michael Martinez in Support of Unopposed Motion to Proceed Under Pseudonym and to Redact References to Petitioner's Identity in all Subsequent Submissions, Orders, and Opinions, # 3 Exhibit A - Emergency Petition for Writ of Habeas Corpus, # 4 Exhibit B - Email Thread, # 5 Text of Proposed Order Granting Petitioner's Unopposed Motion to Proceed Under Pseudonym and to Redact References to Petitioner's Identity in all Subsequent Submissions, Orders, and Opinions)(MARTINEZ, MICHAEL) (Entered: 09/15/2026)
Main Document: Miscellaneous Relief
#7
Sep 15, 2026
Letter from Respondents re: Petitioner's Detention Pursuant to 1226(a) re 3 Text Order,,,,,,,. (Attachments: # 1 A - Sep. 10, 2026 Form I-213 Record of Deportable_Inadmissible Alien, # 2 B - Sep. 10, 2026 Form I-862 Notice to Appear, # 3 C - Sep. 10, 2026 Form I-200 Warrant for Arrest of Alien, # 4 D - Sep. 10, 2026 Form I-286 Notice of Custody Determination, # 5 E - Sep.14, 2026 Notice of Custody Redetermination Hearing)(STRATIGEAS, CHRISTOPHER) (Entered: 09/15/2026)
Main Document: Letter
#8
Sep 16, 2026
TEXT ORDER: The Court is in receipt of Respondents' answer and opposition to the Petition, in which Respondents represent that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and is scheduled for a bond hearing on September 17, 2026. (ECF No. 7 at 1-2). Following completion of the bond hearing, Respondents shall promptly file a letter on the docket confirming that the hearing occurred and advising the Court of its outcome. In the same submission, Respondents shall also confirm whether they oppose Petitioner's Motion to Proceed Under a Pseudonym. (See ECF No. 6). So Ordered by Judge Christine P. O'Hearn on 9/16/2026. (hem, ) (Entered: 09/16/2026)
#9
Sep 16, 2026
MOTION for Leave to File Reply to Respondents' September 15, 2026 Letter by A.J.P.S.. (Attachments: # 1 Memorandum of Law in Support of Petitioner's Motion for Leave to Reply to Respondents' September 15, 2026 Letter, # 2 Proposed Order granting Petitioner's Motion for Leave to Reply to Respondents' September 15, 2026 Letter)(MARTINEZ, MICHAEL) (Entered: 09/16/2026)
Main Document: Leave to File Document
Sep 16, 2026
Text Order
#10
Sep 17, 2026
TEXT ORDER: The Court is in receipt of Petitioner's Motion for Leave to Reply to Respondents' September 15, 2026 Letter. (ECF No. 9). The Motion is GRANTED. Petitioner may file a reply to Respondents' submission by September 21, 2026. Respondents shall otherwise comply with the Court's September 16, 2026 Text Order (ECF No. 8). So Ordered by Judge Christine P. O'Hearn on 9/17/2026. (hem, ) (Entered: 09/17/2026)
#11
Sep 17, 2026
Letter from Respondents re: Petitioner's Bond Hearing Before an Immigration Judge re 8 Text Order,,. (Attachments: # 1 Exhibit A - Sep. 17, 2026 Order of the Immigration Judge re Custody Redetermination)(STRATIGEAS, CHRISTOPHER) (Entered: 09/17/2026)
Main Document: Letter
#12
Sep 17, 2026
Letter from Petitioner's Counsel re 11 Letter. (Attachments: # 1 Exhibit A, Declaration of Matthew A. Johnson, # 2 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 09/17/2026)
Main Document: Letter
Sep 17, 2026
Set Deadlines as to 9 MOTION for Leave to File Reply to Respondents' September 15, 2026 Letter. Motion set for 10/19/2026 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (grm)
Sep 17, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Sep 17, 2026
Order on Motion for Leave to File
#13
Sep 18, 2026
MOTION for Leave to Appear Pro Hac Vice of Heather L. Richardson and Hayato Watanabe by A.J.P.S.. (Attachments: # 1 Certification of Michael Martinez in Support of Motion for Admission of Heather L. Richardson and Hayato Watanabe as Counsel Pro Hac Vice, # 2 Certification of Heather L. Richardson in Support of Motion for Admission Pro Hac Vice, # 3 Certification of Hayato Watanabe in Support of Motion for Admission Pro Hac Vice, # 4 Text of Proposed Order Granting Motion for Admission Pro Hac Vice)(MARTINEZ, MICHAEL) (Entered: 09/18/2026)
Main Document: Appear Pro Hac Vice
#14
Sep 20, 2026
ORDER GRANTING PETITIONER'S UNOPPOSED MOTION TO PROCEED UNDER PSEUDONYM AND TO REDACT REFERENCES TO PETITIONER'S IDENTITY IN ALL SUBSEQUENT SUBMISSIONS, ORDERS AND OPINIONS. Signed by Judge Christine P. O'Hearn on 9/20/2026. (dnw) (Entered: 09/21/2026)
Main Document: Order on Motion for Miscellaneous Relief
#15
Sep 21, 2026
MOTION for Leave to File Excess Pages by A.J.P.S.. (MARTINEZ, MICHAEL) (Entered: 09/21/2026)
Main Document: File Excess Pages
#16
Sep 21, 2026
BRIEF (Reply) in Support of Petition for Writ of Habeas Corpus (Attachments: # 1 Exhibit A, Declaration of A.J.P.S., # 2 Exhibit B, Form I-94, # 3 Exhibit C, Asylum Receipt Notice (July 20, 2021), # 4 Exhibit D, USCIS Change-of-Address Confirmation (May 3, 2022), # 5 Exhibit E, USCIS Approval Notice (Nov. 28, 2022), # 6 Exhibit F, USCIS Approval Notice (Sept. 9, 2025), # 7 Exhibit G, Certificate of Disposition, # 8 Exhibit H, Notice to Appear, # 9 Exhibit I, Map of Arrest Location, # 10 Exhibit J, Sample Forms I-200, # 11 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 09/21/2026)
Main Document: Brief
#18
Sep 21, 2026
ORDER granting 13 Motion for Leave to Appear Pro Hac Vice as to HEATHER L. RICHARDSON and HAYATO WATANABE. Signed by Judge Christine P. O'Hearn on 9/21/2026. (adc, ) (Entered: 09/22/2026)
Main Document: Order on Motion for Leave to Appear Pro Hac Vice
Sep 21, 2026
Set Deadlines as to 13 MOTION for Leave to Appear Pro Hac Vice of Heather L. Richardson and Hayato Watanabe. Motion set for 10/19/2026 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms2)
Sep 21, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#17
Sep 22, 2026
TEXT ORDER: Petitioner's Motion for Leave to File Excess Pages, ECF No. 15, is GRANTED. So Ordered by Judge Christine P. O'Hearn on 9/22/2026. (hem, ) (Entered: 09/22/2026)
#19
Sep 22, 2026
TEXT ORDER: The Court is in receipt of Petitioner's reply. (ECF No. 16). Respondents shall submit a response to Petitioner's reply on or before Monday, September 28, 2026. So Ordered by Judge Christine P. O'Hearn on 9/22/2026. (hem, ) (Entered: 09/22/2026)
Sep 22, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Sep 22, 2026
Order on Motion for Leave to File Excess Pages
Sep 22, 2026
Set Deadlines as to 15 MOTION for Leave to File Excess Pages . Motion set for 10/19/2026 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dnw)
Sep 22, 2026
Text Order
#20
Sep 28, 2026
Letter from Respondents re: Request for Extension of Time re 19 Text Order. (STRATIGEAS, CHRISTOPHER) (Entered: 09/28/2026)
Main Document: Letter
#21
Sep 29, 2026
LETTER ORDER granting request for an extension of time until 9/30/2026 to file a response. Signed by Judge Christine P. O'Hearn on 9/29/2026. (jal, ) (Entered: 09/29/2026)
Main Document: Order
#22
Sep 30, 2026
Letter from Respondents re 19 Text Order. (STRATIGEAS, CHRISTOPHER) (Entered: 09/30/2026)
Main Document: Letter
#23
Oct 01, 2026
MOTION for Leave to File Reply to Respondents' Brief Submitted on September 30, 2026 by A.J.P.S.. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Text of Proposed Order, # 3 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 10/01/2026)
Main Document: Leave to File Document
#24
Oct 01, 2026
TEXT ORDER: The Court is in receipt of Petitioner's Motion for Leave to Submit Additional Argument in Response to Respondents' September 30, 2026 filing. (ECF No. 23). For good cause shown, Petitioner's Motion is GRANTED. Petitioner may file, on or before October 2, 2026, a letter brief of no more than eight (8) pages, limited to responding to Respondents' September 30, 2026 filing (ECF No. 22). So Ordered by Judge Christine P. O'Hearn on 10/1/2026. (hem, ) (Entered: 10/01/2026)
Oct 01, 2026
Set Deadlines as to 23 MOTION for Leave to File Reply to Respondents' Brief Submitted on September 30, 2026. Motion set for 11/2/2026 before Judge Christine P. O'Hearn. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dnw)
Oct 01, 2026
Order on Motion for Leave to File
Oct 01, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#25
Oct 02, 2026
BRIEF in Reply to Respondents' Brief of Sept. 30, 2026 (ECF No. 22) (Attachments: # 1 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 10/02/2026)
Main Document: Brief
#26
Oct 04, 2026
Letter from Petitioner's Counsel: Update Regarding Petitioner's Administrative Proceedings. (Attachments: # 1 Exhibit A, Updated Declaration of Matthew A. Johnson, # 2 Exhibit B, Notice of Hearing, # 3 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 10/04/2026)
Main Document: Letter
#27
Oct 06, 2026
TEXT ORDER: The Court will hold oral argument on October 7, 2026 at 1:30pm via Microsoft Teams. A Teams link will be provided to counsel's email addresses as they appear on the docket. So Ordered by Judge Christine P. O'Hearn on October 6, 2026. (bf, ) (Entered: 10/06/2026)
Oct 06, 2026
Order
#28
Oct 07, 2026
ORDER that the Petition is GRANTED. Respondents shall RELEASE Petitioner IMMEDIATELY. Signed by Judge Christine P. O'Hearn on 10/7/2026. (kht) (Entered: 10/07/2026)
Main Document: Order
#29
Oct 07, 2026
Minute Entry for proceedings held before Judge Christine P. O'Hearn: Motion Hearing held on 10/7/2026. Order to be entered. (Court Reporter, Meta Goddard (856-576-7063)) (sms2) (Entered: 10/07/2026)
Main Document: Miscellaneous Hearing
#30
Oct 08, 2026
Letter from Respondents re: Petitioner's Release re 28 Order. (STRATIGEAS, CHRISTOPHER) (Entered: 10/08/2026)
Main Document: Letter
Oct 15, 2026
Pro Hac Vice Fee Received
#31
Oct 19, 2026
OPINION. Signed by Judge Christine P. O'Hearn on 10/19/2026. (lag, )
Main Document: Opinion
Oct 21, 2026
Text Order
Oct 21, 2026
Terminate Civil Case