District of New Jersey • 2:26-cv-13312

#1

Oct 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18056929.), filed by RODOLFO FERNANDEZ. (Attachments: # 1 Exhibit Ex. 1, ICE I-220B OSUP -Rodolfo-, # 2 Exhibit Ex. 2, PA Court Summary Criminal Record - Rodolfo-, # 3 Exhibit Ex. 3, USCIS C18 EAD-, # 4 Civil Cover Sheet Civil Cover Sheet)(GIBBS, STEPHANIE) (Entered: 10/13/2026)

#2

Oct 13, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 10/13/2026. (ijf) (Entered: 10/13/2026)

Oct 13, 2026

Add and Terminate Judges

Oct 13, 2026

Judge Brian R. Martinotti added. (ijf)

#3

Oct 19, 2026

Notice of Appearance

#4

Oct 19, 2026

Letter

#5

Oct 22, 2026

Letter from Petitioner re 2 Emergent Immigration Habeas Non-transfer Order. (GIBBS, STEPHANIE) (Entered: 10/22/2026)

#6

Oct 26, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's Petition for a Writ of Habeas Corpus ("Petition") (ECF No. 1.) Petitioner challenges his ongoing detention under 8 U.S.C. 1231(a) and the revocation of his Order of Supervision ("OSUP") in violation of his due process rights. (See id.) Respondents filed an expedited letter response, submitting that Petitioner has a criminal history from 2008- 2012, is subject to a final order of removal, and is detained under 8 U.S.C. § 1231. (ECF No. 4.) Respondents have not responded to Petitioner's argument that his OSUP was revoked in violation of his due process rights. Accordingly, it is ORDERED that within five (5) days of the entry of this Text Order, Respondents shall file a supplemental response, accompanied by a sworn declaration from an ICE official with personal knowledge, addressing: (1) whether Tazu v. Att'y Gen. U.S., 975 F.3d 292, 298-99 (3d Cir. 2020) bars review of Petitioner's claims; (2) whether ICE has obtained travel documents for Petitioner and Petitioner's anticipated removal date; (3) whether Petitioner's 2012 release was under 8 C.F.R. § 241.4 or § 241.13; (4) the identity of the official who revoked Petitioner's release and that official's authority to do so; (5) whether and when Petitioner received the informal interview required by 8 C.F.R. § 241.4(l)(1); and (6) any relevant documentation, including Petitioner's OSUP and the revocation of OSUP. It is further ORDERED that Petitioner may file a reply brief and any additional supporting evidence within three (3) days of receipt of Respondents supplemental response. So Ordered by Judge Brian R. Martinotti on 10/26/2026. (lr, ) (Entered: 10/26/2026)

Oct 26, 2026

Text Order