District of New Jersey • 1:26-cv-13032

RAMIREZ ALAVEZ v. BLANCHE

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Case Information

Filed: October 06, 2026
Assigned to: Karen M. Williams
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 07, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 06, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18033221.), filed by MAGDALENO SALOMON RAMIREZ ALAVEZ. (Attachments: # 1 Exhibit A, # 2 Habeas Order, # 3 Brief, # 4 Order to Show Cause, # 5 Certificate of Service, # 6 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 10/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 06, 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 10/6/26. (jbb) (Entered: 10/06/2026)
Oct 06, 2026
Add and Terminate Judges
Oct 06, 2026
Judge Karen M. Williams added. (jbb)
Oct 06, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Oct 07, 2026
TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Magdaleno Salomon Ramirez Alavez ("Petitioner"), who is detained by U.S. Immigration and Customs Enforcement ("ICE") at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner entered the United States in approximately 2004, and has resided within the United States since that time. Petitioner alleges that he was detained by United States Immigration and Customs Enforcement on September 30, 2026, and that he has been placed into removal proceedings with a Master Calendar Hearing scheduled for October 21, 2026. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act and the Administrative Procedures Act. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that unless Respondents identify: (a) an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on October 7, 2026. (Williams, Karen) (Entered: 10/07/2026)
Oct 07, 2026
Text Order
Oct 07, 2026
CLERK'S QUALITY CONTROL MESSAGE - The Text Order [Dkt. No. 3] was modified to reflect the correct date of the Court's Order, which is October 7, 2026, instead of October 8, 2026. (nar)