District of New Jersey • 2:26-cv-03894

RODRIGUEZ DOMINGUEZ v. SOTO

Active

Case Information

Filed: April 13, 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
Active
Last Activity: August 07, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 13, 2026
Final PETITION for Writ of Habeas Corpus Release Immigration Detention ( Filing fee $ 5 receipt number BNJDC-17304217.), filed by Victor Manuel Rodriguez Dominguez. (Attachments: # 1 Text of Proposed Order Order To Show Cause, # 2 Memorandum Memorandum Of Law, # 3 Exhibit Exhibits, # 4 Civil Cover Sheet JS 044 Civil Cover Sheet, # 5 Certification Certificate of Service)(BASARAN, MELINDA) (Entered: 04/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 14, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A bond hearing shall be conducted on or before April 15 at 5:00pm, unless by April 15 at noon, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882); and Ortega Alvarez v. Noem (2:25-cv-17401). The Respondents shall file a status update letter on or before April 16 at noon. In addition to what is set out above, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before 3:00pm on April 14. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 4/14/26. (ro, ) (Entered: 04/14/2026)
#3
Apr 14, 2026
DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS SOTO. (BASIAK, JOHN) (Entered: 04/14/2026)
Main Document: Declaration
#4
Apr 14, 2026
DECLARATION of DFOD Perez by TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS SOTO. (JUDKA, ALEXANDER) (Entered: 04/14/2026)
Main Document: Declaration
Apr 14, 2026
QC - Attorney Case Opening
Apr 14, 2026
Case Assigned to Judge Michael E. Farbiarz. (mfr)
Apr 14, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption, Parties must be entered in all upper-case letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)
Apr 14, 2026
Case Assigned/Reassigned
Apr 14, 2026
Emergent Immigration Habeas Non-transfer Order
#5
Apr 15, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Apr 15, 2026
Show Cause
Main Document: Show Cause
#7
Apr 15, 2026
Exhibit (to Document)
Main Document: Exhibit (to Document)
#8
Apr 15, 2026
Letter
Main Document: Letter
#9
Apr 16, 2026
TEXT ORDER: The Respondents shall file a response to the Petitioner's motion at ECF 6 on or before April 21 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 4/16/26. (ro, ) (Entered: 04/16/2026)
Apr 16, 2026
Set Deadlines as to 6 Final MOTION for Order to Show Cause Release Immigration Detention. Motion set for 5/18/2026 before Judge Michael E. Farbiarz. 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. (lag, )
Apr 16, 2026
Text Order
Apr 16, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#10
Apr 21, 2026
Response in Opposition to Motion
Main Document: Response in Opposition to Motion
#11
Apr 22, 2026
TEXT ORDER: The Petitioner has not carried his burden to establish that the immigration-court hearing was fundamentally unfair, largely for the reasons stated by the Respondents at ECF 10 . And there has been no misallocation of the burden here, largely for the reasons stated by the Respondents in that same letter. See id. at 4. There is no basis for further relief. The motion at ECF 6 is accordingly denied." So Ordered by Judge Michael E. Farbiarz on 4/22/26. (ro, ) (Entered: 04/22/2026)
#12
Apr 22, 2026
TEXT ORDER: A petition was filed, see ECF 1, a bail hearing was ordered, see ECF 2, and it was conducted. See ECF 8 . Therefore, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter, to be filed on or before April 24 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 4/22/26. (ro, ) (Entered: 04/22/2026)
Apr 22, 2026
Text Order
Apr 22, 2026
Order on Motion to Show Cause
#13
Apr 24, 2026
Brief
Main Document: Brief
#14
Apr 27, 2026
Letter
Main Document: Letter
#15
Apr 29, 2026
TEXT ORDER: The Respondents shall file a response to the Petitioner's filing at ECF 13 on or before May 4 at noon. So Ordered by Judge Michael E. Farbiarz on 4/29/26. (ro, ) (Entered: 04/29/2026)
Apr 29, 2026
Text Order
#16
Apr 30, 2026
Seal Document
Main Document: Seal Document
#17
May 01, 2026
Letter
Main Document: Letter
May 01, 2026
Set/Reset Motion and R&R Deadlines/Hearings
May 01, 2026
Set Deadlines as to 16 MOTION to Seal Document 14 Letter,, Exhibit. Motion set for 6/1/2026 before Judge Michael E. Farbiarz. 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. (adc, )
#18
May 04, 2026
Order on Motion to Seal Document
Main Document: Order on Motion to Seal Document
#19
May 05, 2026
TEXT ORDER: The Petitioner's request for relief at ECF 13 is denied, largely for the reasons set out by the Respondents at ECF 17 . So Ordered by Judge Michael E. Farbiarz on 5/5/26. (ro, ) (Entered: 05/05/2026)
#20
May 05, 2026
TEXT ORDER: A petition was filed, see ECF 1, a bail hearing was ordered, see ECF 2, and it was conducted. See ECF 8 . Therefore, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter, to be filed on or before May 8 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 5/5/26. (ro, ) (Entered: 05/05/2026)
May 05, 2026
Text Order
#21
May 08, 2026
Brief
Main Document: Brief
#22
May 15, 2026
TEXT ORDER: The Petitioner represents that he has been detained since August 9, 2025, see ECF 21 at 2, and therefore invokes the Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001). See ECF 21 at 10. The Petitioner's period of detention exceeds the six months deemed "presumptively reasonable" in Zadvydas. See 533 U.S. at 701; see also Apr. 21, 2026 Text Order, Hamid v. Bondi, No. 2:26-cv-00835-MEF (D.N.J. Apr. 21, 2026) (ECF 18). The Petitioner shall therefore be released by May 18 at noon unless, on or before May 18 at 9:00am, the Respondents notify the Court that they intend to file a short letter brief explaining why the Petitioner should not be released. Should the Respondents opt to make such a filing, they must do so by May 20 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 5/15/26. (ro, ) (Entered: 05/15/2026)
May 15, 2026
Text Order
#23
May 17, 2026
Letter
Main Document: Letter
#24
May 19, 2026
Letter
Main Document: Letter
#25
May 21, 2026
TEXT ORDER: The Petitioner shall file a reply to the Respondents' letter at ECF 24 on or before May 26. The Petitioner's reply shall address the Respondents' discussion of Borbot v. Warden Hudson County Correctional Facility, 906 F.3d 274 (3d Cir. 2018). So Ordered by Judge Michael E. Farbiarz on 5/21/2026. (ro, ) (Entered: 05/21/2026)
May 21, 2026
Text Order
#26
May 26, 2026
Brief
Main Document: Brief
#27
Jun 05, 2026
TEXT ORDER: The Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) is about "the constitutionality of detention for more than six months." Id. at 701. The Petitioner has been detained since August 2025 --- which is more than six months. See ECF 1 at 2. But the court of appeals has held that Zadvydas does not control where "a detainee... has been afforded the process contemplated by § 1226(a)." Borbot v. Warden Hudson Cnty Corr. Facility, 906 F.3d 274, 277 (3d Cir. 2018). And here, the Petitioner has twice "been afforded the process contemplated by § 1226(a)." See ECF 1 14; ECF 8 . Moreover, though there may be a point at which "detention under § 1226(a) might become unreasonably prolonged," Borbot, 906 F.3d at 280, the Third Circuit concluded in Borbot that detention for more than a year, see id. at 276, does not cross that outer limit. See id. at 280. The Petitioner's detention of less than a year therefore cannot be "unreasonably prolonged" under Borbot. The Petitioner has nevertheless argued that Borbot is distinguishable because he has not received the various protections associated with Section 1226 other than a bond hearing. See ECF 26 at 2-3. The Court is therefore inclined to order that the Petitioner receive those protections (aside from anything, like an initial review of detention, the time for which has passed). The Respondents shall file a letter on or before June 8 at 2:00pm raising any objections they might have to such an order. So Ordered by Judge Michael E. Farbiarz on 6/5/26. (ro, ) (Entered: 06/05/2026)
Jun 05, 2026
Text Order
#28
Jun 08, 2026
Letter
Main Document: Letter
#29
Jun 15, 2026
TEXT ORDER: The Petitioner shall receive by June 17 at 5:00pm all of the protections associated with detention under Section 1226(a) (aside from anything, like an initial review of detention, the time for which has passed). See ECF 28 at 3 ("Respondents have no objection to Petitioner receiving any other protections he may have under 8 U.S.C. § 1226(a), such as a Form I-286"). The Respondents shall file a status update on or before June 18 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 6/15/26. (ro, ) (Entered: 06/15/2026)
Jun 15, 2026
Text Order
#30
Jun 17, 2026
Letter
Main Document: Letter
#31
Jun 22, 2026
TEXT ORDER: If the Petitioner believes there are any additional protections he should receive associated with detention under Section 1226, he shall file a letter so describing on or before June 23 at noon. If no letter is received, the petition will promptly be dismissed. So Ordered by Judge Michael E. Farbiarz on 6/22/26. (ro, ) (Entered: 06/22/2026)
Jun 22, 2026
Text Order
#32
Jun 23, 2026
Brief
Main Document: Brief
#33
Jun 26, 2026
TEXT ORDER: The Respondents shall file a response to the Petitioner's letter at ECF 32 on or before July 2 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 6/26/26. (ro, ) (Entered: 06/26/2026)
Jun 26, 2026
Text Order
#34
Jul 01, 2026
Letter
Main Document: Letter
Jul 21, 2026
Text Order
#36
Jul 22, 2026
Brief
Main Document: Brief
Aug 06, 2026
Text Order
#38
Aug 07, 2026
Letter
Main Document: Letter

Parties

RODRIGUEZ DOMINGUEZ
Party
SOTO
Party