District of New Jersey • 2:25-cv-19005

#1

Dec 28, 2025

Petition for Writ of Habeas Corpus

#2

Dec 28, 2025

Show Cause

Dec 29, 2025

Case Assigned to Judge Evelyn Padin. (ps)

Dec 29, 2025

Case Assigned/Reassigned

#3

Dec 30, 2025

TEXT ORDER: This matter comes before the Court upon Petitioner Gregorio Ramirez Gastiaburo's Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241, D.E. 1 ("Petition"), and Motion for Order to Show Cause, D.E. 2 . Petitioner challenges the lawfulness of his detention at Elizabeth Federal Detention Facility in Elizabeth, New Jersey. Petition. In accordance with Rule 4 of the Rules Governing § 2254 Cases ("Habeas Rule 4")--which is applicable to § 2241 cases through Rule 1(b) of the Rules Governing § 2254 Cases--this Court has screened the Petition for dismissal and determined that dismissal without an answer and the record is not warranted. The Court ORDERS that, pursuant to Habeas Rule 4, within 7 days of the date of the entry of this Order, Respondents shall electronically file (1) a full and complete answer to the Petition that responds to the factual and legal allegations of the Petition and (2) certified copies of the administrative record and all other documents relevant to Petitioner's claims. The Court further ORDERS that Petitioner may file and serve a reply brief in support of the Petition within 5 days of the filing of the answer. The Court additionally ORDERS, pursuant to the All Writs Act, 28 U.S.C. § 1651, that Petitioner shall not be transferred from New Jersey during the pendency of this habeas corpus proceeding. Based on the expedited order to answer, the Motion for Order to Show Cause, D.E. 2, is DISMISSED as moot. So Ordered by Judge Evelyn Padin on 12/30/2025. (ps) (Entered: 12/30/2025)

Dec 30, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Dec 30, 2025

Text Order AND ~Util - Terminate Motions

Dec 30, 2025

Set Deadlines as to 2 MOTION for Order to Show Cause . Motion set for 2/2/2026 before Judge Evelyn Padin. 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. (ld)

#4

Jan 01, 2026

MOTION for Leave to Appear Pro Hac Vice by GREGORIO RAMIREZ GASTIABURO. (Attachments: # 1 Supplement Notice of Motion)(ASHUR, STEVEN) (Entered: 01/01/2026)

Jan 05, 2026

Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/2/2026 before Judge Evelyn Padin. 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. (sm)

Jan 05, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Jan 06, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney JOHN CROSBY for PAMELA BONDI,JOHN CROSBY for TODD LYONS,JOHN CROSBY for KRISTI NOEM,JOHN CROSBY for RUBEN PEREZ,JOHN CROSBY for ERIC ROKOSKY,JOHN CROSBY for ARTHUR WILSON, JR. added.. (CROSBY, JOHN) (Entered: 01/06/2026)

#6

Jan 06, 2026

RESPONSE to Petition for Writ of Habeas Corpus by PAMELA BONDI, TODD LYONS, KRISTI NOEM, RUBEN PEREZ, ERIC ROKOSKY, ARTHUR WILSON, JR..(CROSBY, JOHN) (Entered: 01/06/2026)

#7

Jan 12, 2026

REPLY to Response re 6 Response to Habeas Petition. (ASHUR, STEVEN) (Entered: 01/12/2026)

#8

Jan 13, 2026

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Edgar Loy Fankbonner, Esq. Signed by Judge Evelyn Padin on 1/13/2026. (dnw) (Entered: 01/13/2026)

#9

Jan 13, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Gregorio Ramirez Gastiaburo's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), asserting he is unlawfully detained by immigration authorities under 28 U.S.C. § 1225(b) without a bond hearing. Respondents filed a letter response, D.E. 6, stipulating to the facts alleged in the Petition, and acknowledging that they rely on the same statutory interpretation set forth in Matter of Yajure Hurtado, 29 I&N Dec. 215 (B.I.A. 2025), which this Court rejected in Lomeu v. Soto, Civ. No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025). Petitioner filed a reply brief. D.E. 7 . Therefore, for the same reasons stated in Lomeu, the Court GRANTS the Petition. Respondents shall provide Petitioner a bond hearing, pursuant to 8 C.F.R. § 236(d)(1), as soon as practical but no more than 7 days from the date of this Order. Respondents shall file a letter on the docket, within 3 days of the bond hearing, advising the Court of the outcome. So Ordered by Judge Evelyn Padin on 1/13/2026. (bt) (Entered: 01/13/2026)

Jan 13, 2026

Text Order

#10

Jan 20, 2026

Status Report

#11

Jan 27, 2026

Notice of Pro Hac Vice to Receive NEF

Jan 28, 2026

Notice of Pro Hac Vice counsel added

Jan 28, 2026

QC - Fillable PDF