District of New Jersey • 2:25-cv-18989

#1

Dec 24, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16942360.), filed by JOAO OTAVIO POMPEI FERNANDES.(MARTINS-KRAMER, LARISSA) (Entered: 12/24/2025)

#2

Dec 24, 2025

MOTION for Order to Show Cause for Expedited Relief by JOAO OTAVIO POMPEI FERNANDES. (MARTINS-KRAMER, LARISSA) (Entered: 12/24/2025)

Dec 24, 2025

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Dec 24, 2025

QC - Civil Cover Sheet JS44

Dec 25, 2025

Case Assigned to Judge Esther Salas. (ps)

Dec 25, 2025

Case Assigned/Reassigned

#3

Dec 26, 2025

Exhibit (to Document)

#4

Dec 29, 2025

TEXT ORDER: This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet.")) and his motion for an order to show cause ("OTSC") for expedited relief (D.E. No. 2 ("Motion for OTSC"))). The Motion for OTSC (D.E. No. 2) is DENIED as moot. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to the recent decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. 9). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) Petitioner entered the United States without inspection on or about November 20, 2016; (ii) he was released from custody on parole on November 23, 2016; and (iii) on November 6, 2025, in the interior of the United States, U.S. Immigration and Customs Enforcement agents arrested and detained Petitioner. (Pet. at 5-6). Based on these alleged facts, Diaz Rudecindo controls this present matter. Rudecindo Diaz, 2025 WL 3470299, at *4. In accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Diaz Rudicendo does not control, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of the Court shall forward a copy of the Petition (D.E. No. 1), the Motion for OTSC (D.E. No. 2), the exhibit (D.E. No. 3), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 12/29/2025. (ps) (Entered: 12/29/2025)

Dec 29, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Dec 29, 2025

Text Order AND ~Util - Terminate Motions

Dec 29, 2025

Set Deadlines as to 2 MOTION for Order to Show Cause for Expedited Relief. Motion set for 1/20/2026 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)

#5

Jan 01, 2026

Substitution of Attorney

#6

Jan 02, 2026

Response to Habeas Petition

#7

Jan 08, 2026

Notice (Other)

#8

Jan 20, 2026

Letter

Jan 28, 2026

Text Order

Jan 28, 2026

Terminate Civil Case