District of New Jersey • 1:26-cv-12070

VARGAS ASHQUI v. WARDEN OF DELANEY HALL DETENTION FACILITY

Completed

Case Information

Filed: September 12, 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: October 05, 2026
Last Activity: October 05, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 12, 2026
PETITION for Writ of Habeas Corpus, filed by GERARDO VARGAS ASHQUI. (via ADS) (Attachments: # 1 Supporting Declaration, # 2 Application IFP)(jr) (Entered: 09/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 14, 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 9/14/2026. (jr) (Entered: 09/14/2026)
Sep 14, 2026
Emergent Immigration Habeas Non-transfer Order
Sep 14, 2026
Pro Se Consent to Electronically Receive NEFs. By using ADS, GERARDO VARGAS ASHQUI has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (jr)
Sep 14, 2026
Notice of NEF Consent
Sep 15, 2026
Filing fee: $ 5, receipt number NEW55179 (ps)
Sep 15, 2026
Filing Fee Received
#3
Sep 16, 2026
ORDER that, if Petitioner is not released, Respondents shall, within three (3) calendar days of this Order, 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. Signed by Judge Christine P. O'Hearn on 9/16/2026. (n/m)(adc, ) (Entered: 09/16/2026)
Main Document: Order
#4
Sep 18, 2026
NOTICE of Appearance by CARLOS FERNANDO UGALDE ALVAREZ on behalf of WARDEN OF DELANEY HALL DETENTION FACILITY (UGALDE ALVAREZ, CARLOS) (Entered: 09/18/2026)
Main Document: Notice of Appearance
#5
Sep 18, 2026
RESPONSE to Petition for Writ of Habeas Corpus by WARDEN OF DELANEY HALL DETENTION FACILITY. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - Warrant, # 3 Exhibit C - Notice of Custody Determination)(UGALDE ALVAREZ, CARLOS) (Entered: 09/18/2026)
Main Document: Response to Habeas Petition
#6
Sep 23, 2026
TEXT ORDER: The Court is in receipt of Respondent's response to the Petition. (ECF No. 5). The Court having determined that appointment of counsel is appropriate in the interests of justice pursuant to 18 U.S.C. § 3006A and the applicable habeas rules, it is ORDERED that the Federal Public Defender for the District of New Jersey is appointed to represent Petitioner for purposes of this habeas matter through the conclusion of the proceedings in this Court. Appointed counsel shall advise the Court whether they intend to file an amended petition or a supplemental brief in support of the petition. Respondents shall personally serve a copy of this Order on Petitioner as soon as reasonably practicable. So Ordered by Judge Christine P. O'Hearn on 9/23/2026. (hem, ) (Entered: 09/23/2026)
#7
Sep 23, 2026
Letter from Respondent re: Personal Service of September 23, 2026 Text Order re 6 Text Order,,,. (Attachments: # 1 Declaration)(UGALDE ALVAREZ, CARLOS) (Entered: 09/23/2026)
Main Document: Letter
Sep 23, 2026
Text Order
#8
Sep 28, 2026
NOTICE of Appearance by DERRICK NEVES on behalf of GERARDO VARGAS ASHQUI (NEVES, DERRICK) (Entered: 09/28/2026)
Main Document: Notice of Appearance
#9
Oct 02, 2026
NOTICE of Appearance by ALISON BRILL on behalf of GERARDO VARGAS ASHQUI (BRILL, ALISON) (Entered: 10/02/2026)
Main Document: Notice of Appearance
#10
Oct 02, 2026
BRIEF supplementing the pro se habeas petition (Attachments: # 1 Certification pursuant to 28 USC s2242)(BRILL, ALISON) (Entered: 10/02/2026)
Main Document: Brief
#11
Oct 02, 2026
TEXT ORDER: The Court is in receipt of Petitioner's supplemental brief in support of the Petition. (ECF No. 10). Respondent shall file any supplemental response within five (5) days of this Order. Petitioner shall also file an affidavit of financial eligibility for appointment of counsel. So Ordered by Judge Christine P. O'Hearn on October 2, 2026. (bf, ) (Entered: 10/02/2026)
Oct 02, 2026
Order
#12
Oct 05, 2026
Letter from the U.S. Attorney's Office Requesting that the Court "So Order" Enclosed Stipulation of Dismissal. (Attachments: # 1 Stipulation and Proposed Order of Dismissal)(UGALDE ALVAREZ, CARLOS) (Entered: 10/05/2026)
Main Document: Letter
#13
Oct 05, 2026
STIPULATION AND ORDER of Dismissal without prejudice. Signed by Judge Christine P. O'Hearn on 10/5/2026. (mlh) (Entered: 10/05/2026)
Main Document: Stipulation and Order
Oct 05, 2026
Terminate Civil Case
Oct 05, 2026
***Civil Case Terminated. (mlh)