District of New Jersey • 2:26-cv-14136

CHAMALE-LOPEZ v. ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT

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Case Information

Filed: October 29, 2026
Assigned to: Michael E. Farbiarz
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: November 03, 2026
Parties: View All Parties →

Docket Entries

Oct 29, 2026
Pro Se Consent to Electronically Receive NEFs. By using ADS, SAMUEL CHAMALE SURUY has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (vm)
#1
Oct 30, 2026
PETITION for Writ of Habeas Corpus, filed by MARLON ESTURADO CHAMALE-LOPEZ, SAMUEL CHAMALE SURUY. (Attachments: # 1 Exhibit) (Received via ADS on 10/29/2026 at 10:55 pm)(n/m)(vm) (Entered: 10/30/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 30, 2026
TEXT ORDER: Before the Court is the Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed by his next friend, Samuel Chamale Suruy. Assuming Mr. Suruy qualifies as a next friend, he does not appear to be an attorney. See ECF 1 at 2, 12. Therefore, he cannot litigate this case on the Petitioner's behalf. See, e.g., Banks as next friend of Waymer v. Eddy, 801 F. App'x 50, 51 (3d Cir. 2020) ("A non-attorney cannot represent another party, even if acting as a next friend."); Schlemmer v. Cent. Intelligence Agency, 804 F. App'x 127, 128 n.2 (3d Cir. 2020) (citing cases); Berrios v. N.Y.C. Hous. Auth., 564 F.3d 130, 134 (2d Cir. 2009) (holding that if the "next friend... is not himself an attorney, he must be represented by an attorney in order to conduct the litigation"). If he wishes to proceed as next friend, Mr. Suruy shall have until November 9 at noon to retain an attorney or file a motion for pro bono counsel. Alternatively, if the Petitioner wishes to proceed pro se, and prosecute this case himself, he must personally review, sign, and submit a copy of the Petition on or before November 9 at noon. The Clerk of the Court shall mail a copy of this Order, and a copy of the motion for pro bono counsel form (DNJ-ProSe-002-04-(04/19), to Mr. Suruy and the Petitioner by regular mail. So Ordered by Judge Michael E. Farbiarz on 10/30/26. (ro, ) (Entered: 10/30/2026)
Oct 30, 2026
Text Order
Oct 30, 2026
Notice of NEF Consent
#3
Nov 02, 2026
Letter
Main Document: Letter
#4
Nov 02, 2026
Urgent Notice Updating of Completed Transfer and Impending Continued Transfer, and Letter Reiterating Request to Return Petitioner to the District and Enjoining the Government from Further Transfer from Samuel Chamale Suruy. (sm) (Entered: 11/02/2026)
Main Document: Letter
#5
Nov 03, 2026
TEXT ORDER: In an earlier Order, the Court advised the Petitioner's next friend, Mr. Suruy, that he could only litigate with an attorney and provided him with the motion for pro bono counsel form. Mr. Suruy did not use the form, and his motion for pro bono counsel does not otherwise address the appointment factors listed in Tabron v. Grace, 6 F.3d 147,155-57 (3d Cir. 1993). See ECF 3, at 4-5. Accordingly, the motion for pro bono counsel at ECF 3 is denied without prejudice, and the remainder of the requests for relief at ECF 3, 4, is denied as improperly filed without an attorney. The Clerk of the Court shall administratively terminate this case. Should Mr. Suruy or the Petitioner wish to reinitiate this case, they may do so by completing one of the options set out in the Court's prior Order, ECF 2, within 10 days. If they fail to do so, the Court will dismiss this matter for lack of prosecution. The Clerk of the Court shall serve a copy of this Order on the Petitioner at his last known address by regular mail. SO Ordered by Judge Michael E. Farbiarz on 11/3/2026. (ro, ) (Entered: 11/03/2026)
Nov 03, 2026
Filing fee: $ 5, receipt number 55668 (tjg, )
Nov 03, 2026
Order of Dismissal
Nov 03, 2026
Filing Fee Received