District of New Jersey • 1:26-cv-04909

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number CAM53996.), filed by HIEISON ULTENGO ULTENGO. (Attachments: # 1 Exhibit, # 2 Envelope). (dnw). (n.m) (Entered: 05/01/2026)

#2

May 02, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Hieison Ultengo Ultengo's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. ("Petition" Dkt. No. 1.) Petitioner challenges his immigration detention without a bond hearing as unlawful. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within 7 days of the date of entry of this Order. Petitioner may file a reply brief within 3 days of the filing date of the Answer. The Clerk shall serve a copy of this Order on Petitioner by regular mail. So Ordered by Chief Judge Renee Marie Bumb on 05/02/2026. (Costigan, Roberta) (Entered: 05/02/2026)

May 02, 2026

Order

#3

May 11, 2026

Response to Habeas Petition

#4

May 14, 2026

Certification

#5

May 29, 2026

Notice of Appearance

#6

May 29, 2026

Amend/Correct

May 29, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 04, 2026

Order on Motion to Amend/Correct

#8

Jun 11, 2026

Letter

#9

Jun 18, 2026

Enforce Judgment

Jun 22, 2026

Terminate Civil Case

Jun 22, 2026

Order on Motion to Enforce Judgment

Jun 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#11

Jun 30, 2026

Vacate

#12

Jun 30, 2026

Amend/Correct

#13

Jun 30, 2026

Temporary Restraining Order

#14

Jul 01, 2026

TEXT ORDER denying 11 Motion to Vacate ; denying 12 Motion to Amend/Correct; denying 13 Motion for TRO This matter comes before the Court upon Petitioner Hieison Ultengo Ultengo's Rule 60(b) Motion to Vacate, Dkt. No. 11; Motion to Amend Petition, Dkt. No. 12; and Motion for Temporary Restraining Order, Dkt. No. 13. On June 4, 2026, this Court granted Petitioner's Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 and ordered Respondents to provide Petitioner with a bond hearing under 8 U.S.C. 1226(a). Dkt. No. 7 ("June 4, 2026 Order.") The immigration court held Petitioner's bond hearing and found that he failed to establish he is not a flight risk. Dkt. No. 8-1 ("June 10, 2026 Immigration Judge Order"). Petitioner filed a Motion to Enforce Judgment, asserting the bond hearing failed to satisfy due process. Dkt. No. 9 ("Motion to Enforce"). This Court denied the Motion to Enforce and found that the requirements of due process were met and the avenue for Petitioner to challenge the Immigration Judge's discretionary determination is to file an appeal with the Boad of Immigration Appeals ("BIA"). Dkt. No. 10 ("June 22, 2026 Order"). In his Rule 60(b) Motion to Vacate, Petitioner asserts extraordinary circumstances occurred after this Court denied relief and closed this case. Rule 60(b) Motion to Vacate at 5-8. Three days after the Court closed this case, Petitioner was sexually assaulted in Delaney Hall Detention Facility and was hospitalized and returned to medical isolation. Id. at 6. In a separate incident, Petitioner was knocked to the ground and injured. Id. at 4. He suffers persistent headaches and mental health deterioration. Id. He does not always receive his prescription medication. Id. at 5. Petitioner seeks to amend his Petition to include these facts in support of his conditions of confinement claim. Motion to Amend. On June 28, 2026, Petitioner was transferred to Adams Correctional Facility in Natchez, Mississippi. Id. at 4. Petitioner contends these incidents occurred after his Petition was denied, and he could not litigate these matters before his transfer to Mississippi. Id. at 4-5. Therefore, he seeks to reopen this matter and amend his habeas petition."The fundamental point of 60(b) is that it provides a grand reservoir of equitable power to do justice in a particular case." Cox v. Horn, 757 F.3d 113, 122 (3d Cir. 2014) (citation modified). The movant bears the burden of showing extraordinary circumstances that require relief. Id. While Petitioner's allegations of the conditions of confinement he suffered at Delaney Hall Detention Facility in Newark, New Jersey, after this Court granted his habeas petition and ordered Respondents to provide him with a bond hearing are serious, Petitioner has been transferred to a facility in Natchez, Mississippi, where he is no longer subject to those conditions of confinement. Petitioner's avenue for relief if his present conditions of confinement violate the Constitution is to file a new petition for writ of habeas corpus under 28 U.S.C. 2241 in his present district of confinement, the Southern District of Mississippi. Therefore, the Court denies Petitioner's Rule 60(b) Motion to Vacate, Dkt. No. 11, denies his Motion to Amend, Dkt. No. 12, and denies his TRO Motion, Dkt. No. 13. SO ORDERED by Chief Judge Renee Marie Bumb on 07/01/2026. (Costigan, Roberta) (Entered: 07/01/2026)

Jul 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jul 01, 2026

Order on Motion for TRO AND Order on Motion to Amend/Correct AND Order on Motion to Vacate

Jul 01, 2026

Set Deadlines as to 13 MOTION for Temporary Restraining Order, 12 MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus, 11 MOTION to Vacate, 11 MOTION to Vacate . Motion set for 8/3/2026 before Chief Judge Renee Marie Bumb. 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. (dnw, )