District of New Jersey • 2:26-cv-12211

#1

Sep 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17944250.), filed by DIEGO ALEXANDER CRUZ PERALTA. (Attachments: # 1 Affidavit 11B, # 2 Certificate of Service, # 3 Civil Cover Sheet)(DESHMUKH, AMIT) (Entered: 09/15/2026)

#2

Sep 16, 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 9/16/2026. (mfr) (Entered: 09/16/2026)

Sep 16, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Nature of Suit: Nature of Suit must be 463 for Immigration Detainee cases. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Sep 16, 2026

Case Assigned/Reassigned

Sep 16, 2026

QC - Attorney Case Opening

Sep 16, 2026

Case Assigned to Judge Katharine S. Hayden. (mfr)

#3

Sep 18, 2026

NOTICE of Appearance by JENA TIERNAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, YOLANDA PITTMAN (TIERNAN, JENA) (Entered: 09/18/2026)

#4

Sep 18, 2026

Letter from Respondents Regarding Criminal History and Mandatory Detention. (Attachments: # 1 A - Criminal History, # 2 B - Notice to Appear)(TIERNAN, JENA) (Entered: 09/18/2026)

#5

Sep 21, 2026

TEXT ORDER:This matter comes before the Court upon Petitioner Diego Cruz Peralta's petition for writ of habeas corpus under 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities (ECF No. 1, Petition), and Respondents' answer in opposition (ECF No. 4, Answer), asserting Petitioner is lawfully detained under 8 U.S.C. § 1226(c). It is ORDERED that Petitioner may file a reply brief within five (5) days of this Order. So Ordered by Judge Katharine S. Hayden on 9/21/26. (cm, ) (Entered: 09/21/2026)

Sep 21, 2026

Order

#6

Sep 26, 2026

Letter re 5 Order,,. (DESHMUKH, AMIT) (Entered: 09/26/2026)

#7

Sep 28, 2026

TEXT ORDER: It is ORDERED that Respondents shall file a supplemental brief in response to Petitioner's reply (ECF No. 6) within five 5 business days of this Order. So Ordered by Judge Katharine S. Hayden on 9/28/26. (cm, ) (Entered: 09/28/2026)

Sep 28, 2026

Order

#8

Oct 01, 2026

Letter

#9

Oct 08, 2026

Letter

#10

Oct 16, 2026

TEXT ORDER: This matter comes before the Court on Petitioner Diego Alexander Cruz Peralta's petition for a writ of habeas corpus (ECF No. 1, "Petition") pursuant to 28 U.S.C. § 2241 in which he challenges his immigration detention. The Petition is DENIED without prejudice. Petitioner is a native and citizen of the Dominican Republic who was admitted to the United States on March 29, 2014, as a lawful permanent resident. (ECF No. 1 at 2.) Respondents informed this Court that, on October 1, 2026, Petitioner withdrew his bond redetermination request. (ECF No. 9-1.) On October 6, 2026, an immigration judge entered an order of removal for Petitioner, and Petitioner waived his right to appeal that order. (ECF No. 9-2.) Since Petitioner is now subject to a final order of removal, his detention is governed by 8 U.S.C. § 1231. Pursuant to that section, detention is mandatory for the 90-day removal period and may extend beyond that period as necessary to effectuate removal. 8 U.S.C. § 1231(a)(6); see also Zadvydas v. Davis, 533 U.S. 678, 701 (2001) (finding a presumptively reasonable period of detention of six months where there is no significant likelihood of removal in the reasonably foreseeable future). The 90-day removal period begins from the date on which the removal order becomes administratively final. 8 U.S.C. § 1231(a)(1)(B). Petitioner's removal order became administratively final on October 6, 2026, and, therefore, he is still detained within the removal period and is subject to mandatory detention. Accordingly, it is ORDERED that the Petition is DENIED without prejudice. The Court's Order enjoining Petitioner's transfer is LIFTED. The Clerk of the Court shall CLOSE this case. So Ordered by Judge Katharine S. Hayden on 10/16/26. (cm, ) (Entered: 10/16/2026)

Oct 16, 2026

Terminate Civil Case

Oct 16, 2026

Order