District of New Jersey • 1:26-cv-13106

#1

Oct 07, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18040262.), filed by GUSTAVO ADOLFO SERNA HERNANDEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ALTMAN, STUART) (Entered: 10/07/2026)

#2

Oct 07, 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 10/7/2026. (ijf) (Entered: 10/07/2026)

Oct 07, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: the party roles were listed as Plaintiff v. Defendant but should be Petitioner v. Respondent; address information was listed but should not be. Please make note of this for future filings. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ijf)

Oct 07, 2026

Add and Terminate Judges

Oct 07, 2026

Judge Karen M. Williams added. (ijf)

Oct 07, 2026

QC - Attorney Case Opening

Oct 07, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Oct 08, 2026

Letter from Stuart Altman. (ALTMAN, STUART) (Entered: 10/08/2026)

#4

Oct 08, 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, Gustavo Adolfo Serna Hernandez ("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 without inspection on or about August 21, 2022, and has resided within the United States since his initial entry. Petitioner alleges that he was arrested by United States Immigration and Customs Enforcement on October 6, 2026, and that he is mandatorily detained as an "applicant for admission" pursuant to 8 U.S.C. § 1225(b)(2)(A). Petitioner contends that he is a member of the bond eligible class defined by Maldonado Bautista, and that his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality 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 8, 2026. (Williams, Karen) (Entered: 10/08/2026)

Oct 08, 2026

Text Order