District of New Jersey • 3:26-cv-05411

#1

May 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17417977.), filed by FRANCISCO ALEJANDRO HERRERA MACHARE. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit Table of Contents, # 5 Exhibit ICE locator, # 6 Exhibit I-589, # 7 Exhibit Passport, # 8 Exhibit Letter from Spouse)(CARDENAS, VERONICA) (Entered: 05/13/2026)

#2

May 13, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/13/2026. (ps) (Entered: 05/13/2026)

May 13, 2026

Case Assigned/Reassigned

May 13, 2026

Emergent Immigration Habeas Non-transfer Order

May 13, 2026

Case Assigned to Judge Georgette Castner. (ps)

#3

May 14, 2026

MEMORANDUM & ORDER denying Petitioner's request for an OTSC; that Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court; directing Respondents to file an answer to the Petition within fourteen (14) days of this order. Signed by Judge Georgette Castner on 5/14/2026. (n/m)(adc, ) (Entered: 05/14/2026)

May 14, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

May 14, 2026

Notice of Judicial Preferences

#4

May 18, 2026

Notice of Appearance

#5

May 28, 2026

Response to Habeas Petition

#6

May 28, 2026

Petition for Writ of Habeas Corpus

#7

Jun 01, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's amended petition (Amended Petition) for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 6 .) Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, within fourteen (14) days of the date of entry of this Text Order, Respondents shall file a full and complete response to the Amended Petition. Respondents shall file with the response all documents relevant to Petitioner's claims in the Amended Petition. Petitioner may file and serve a reply in support of the Amended Petition within seven (7) days after the answer to the Amended Petition is filed. So Ordered by Judge Georgette Castner on 6/1/2026. (jmh) (Entered: 06/01/2026)

Jun 01, 2026

Text Order

#8

Jun 15, 2026

Response to Habeas Petition

#9

Jun 22, 2026

Reply to Response (NOT Motion)

#10

Jul 03, 2026

Letter

#11

Jul 04, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's counsel's "Letter re Lack of Air Conditioning at Delaney Hall During a Dangerous Heat Wave" filed on July 3, 2026 (Letter Request). (ECF No. 10). According to the Letter, "Counsel received reports today [July 3, 2026] from media and sources connected to the Governor's office that the air conditioning in Delaney Hall was not functioning" and that "[t]his is especially dangerous because an 'Extreme Heat Warning is now in effect for almost the entire State of New Jersey,' including where Petitioner is detained in Essex County." (ECF No. 10 at 1 (footnotes omitted).) Based on weather conditions, the Letter states that "[d]etaining Petitioner in such circumstances is dangerous and violates the Eighth Amendment prohibition against cruel and unusual punishment" and "begs the Court to grant the Petition and issue a Writ ordering [Petitioner's] immediate release." (Id. at 1-2 (footnote omitted).) Counsel argues that denying inmates the minimum and civilized measures of life's necessities violates the Eighth Amendment and that inadequate heat mitigation exposes officials to claims of deliberate indifference under the Eighth Amendment. (Id. at 2.) The NJ.com article, dated July 3, 2026, attached to the Letter, indicates that the air conditioning was out in one housing unit at Delaney Hall housing hundreds of detainees, officials were waiting on a piece of equipment to repair the air conditioning unit in that section of the facility, and impacted detainees were being moved into a space with working air conditioning. (ECF No. 10 at 5, 7.) The Court notes that a July 4, 2026 Text Order entered by Chief Judge Renee Marie Bumb in Fernandez Saquiecela v. Blanche, No. 26-7180, stated that, as of 10:40 a.m., July 3, 2026, the Respondents reported that "(1) one of five housing units, Unit 4, was currently affected by a building air conditioning outage and parts had been ordered to fix the air conditioning unit on a 'rush' schedule; (2) a Supervisory Detention and Deportation Officer went room to room in Housing Unit 4 to ask each detainee whether they wanted to move to a different housing unit, and all detainees who wished to transfer units were moved to a unit with air conditioning; (3) to mitigate the outage, Delaney Hall brought in an industrial portable air conditioner for use in Housing Unit 4 and additional portable air conditioning units were ordered and would arrive in the facility today; and (4) there had been no reports of heat exhaustion or hospitalizations due to the temperature." (No. 26-7180, ECF No. 13.) At 2:03 p.m., counsel for the Respondents in No. 26-7180 indicated that the petitioner was offered an opportunity to move to another unit but declined and Delaney Hall had obtained an additional ten mobile air conditioning units and was setting them up throughout the affected areas. (Id.) Later in the afternoon, counsel for the petitioner in No. 26-7180 withdrew his request for immediate release, stating that the air conditioning issue was resolved. (Id.). The Court ORDERS that, by 3 p.m., July 5, 2026, Respondents shall file a letter with the Court as to whether the air conditioning issue with respect to Petitioner Francisco Alejandro Herrera Machare has been resolved. So Ordered by Judge Georgette Castner on July 4, 2026. So Ordered by Judge Georgette Castner on 7/4/2026. (jml, ) (Entered: 07/04/2026)

Jul 04, 2026

Text Order

#12

Jul 05, 2026

Letter

#13

Jul 06, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's counsel's "Letter re Lack of Air Conditioning at Delaney Hall During a Dangerous Heat Wave" filed on July 3, 2026 (Letter Request) (ECF No. 10 ) and the July 5, 2026 "Letter from Respondents Regarding Air Conditioning Issues at Delaney Hall" (ECF No. 12 ), which was filed pursuant to this Court's July 3, 2026 Text Order (ECF No. 11 ). Petitioner's counsel requests a writ ordering her client's immediate release based on reports that that the air conditioning was not functioning at Delaney Hall during an extreme heat warning. (ECF No. 10 at 1-2.) However, U.S. Immigration and Customs Enforcement states that only one Housing Unit at Delaney Hall (Housing Unit 4) has experienced air conditioning issues, Petitioner has never resided in Housing Unit 4, and Petitioner resides in Housing Unit 3, which is not experiencing any issues with the air conditioning systems. (ECF No. 12 at 2.) Accordingly, the Letter Request seeking immediate release is DENIED. So Ordered by Judge Georgette Castner on 7/6/2026. (jmh) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

#14

Jul 15, 2026

Letter