District of New Jersey • 2:25-cv-19123

#1

Dec 31, 2025

MOTION for Temporary Restraining Order by GABRIEL MERINO RIANO. (CONDE-HERNANDEZ, MARISOL) (Entered: 12/31/2025)

#2

Dec 31, 2025

Supplemental MOTION for Temporary Restraining Order by GABRIEL MERINO RIANO. (CONDE-HERNANDEZ, MARISOL) (Entered: 12/31/2025)

Jan 01, 2026

QC - Incorrect Event Selected

Jan 01, 2026

CLERK'S QUALITY CONTROL MESSAGE - The Motion for Temporary Restraining Order 1 should have been filed as a Petition for Habeas Corpus 2241 with the motion for temporary restraints filed as the second submission. Kindly file the appropriate Petition. ordered by the court. (mfr)

#3

Jan 02, 2026

TEXT ORDER - Petitioner has filed a motion for a temporary restraining order and a supporting brief. ECF Nos. 1-2. Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. See generally ECF Nos. 1-2. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). As noted by the Clerk's Office, Petitioner has not yet filed a habeas petition in this matter. Petitioner is hereby ordered to file a petition by 5 p.m. on Monday, January 5, 2026. It is further ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of the filing of the petition, 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 in accordance with 8 CFR 236.1(c)(8) and (d)(1). 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 Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, they shall file an expedited answer within five (5) days of the date of the filing of the petition, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of his bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). So Ordered by Judge Claire C. Cecchi on 1/2/2026. (jl, ) (Entered: 01/02/2026)

#4

Jan 02, 2026

Petition for Writ of Habeas Corpus

#5

Jan 02, 2026

Substitution of Attorney

Jan 02, 2026

Text Order

Jan 02, 2026

Case Assigned/Reassigned

Jan 02, 2026

Case Assigned to Judge Claire C. Cecchi. (mfr)

#6

Jan 08, 2026

Letter

#7

Jan 09, 2026

Response (NOT Motion)

#8

Jan 16, 2026

TEXT ORDER - This Court is in receipt of Petitioner's letter, in which he alleges that he did not receive an adequate bond hearing. ECF No. 7. This Court lacks jurisdiction to review any discretionary determinations underlying the immigration judge's bond decision, but it can review whether the bond hearing was fundamentally unfair. Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). To decide fundamental fairness of the bond hearing, this Court requires any exhibits introduced, as well as any written decision supporting the immigration judge's determination to deny Petitioner bond. Petitioner is ORDERED to submit these materials to the Court by January 22, 2026. Additionally, Respondents are ORDERED to file a response to Petitioner's letter by January 29, 2026. So Ordered by Judge Claire C. Cecchi on 1/16/2026. (jl, ) (Entered: 01/16/2026)

Jan 16, 2026

Text Order

#9

Jan 19, 2026

Letter

#10

Jan 20, 2026

Letter

#11

Feb 26, 2026

Letter