District of New Jersey • 3:26-cv-05785

#1

May 20, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17444910.), filed by HIGINIO AGUILAR-RIVERA. (Attachments: # 1 Civil Cover Sheet Flattened)(SKLAR, KEITH) (Entered: 05/20/2026)

#2

May 20, 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 5/20/2026. (mfr) (Entered: 05/20/2026)

May 20, 2026

Case Assigned to Judge Robert Kirsch. (mfr)

May 20, 2026

Case Assigned/Reassigned

May 20, 2026

Emergent Immigration Habeas Non-transfer Order

May 21, 2026

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

May 21, 2026

Notice of Judicial Preferences

#3

Jun 14, 2026

Letter

#4

Jun 23, 2026

TEXT ORDER: Petitioner HIGINIO AGUILAR-RIVERA is a citizen of Guatemala with no criminal history who entered the United States in 2020. (ECF No. 1, Petition at 1,7.) He was detained on May 7, 2026. (Id. at 4.) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court found noncitizens who entered the United States without inspection and were later arrested in the interior of the United States could only be detained under 8 U.S.C. § 1226(a); see also Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released from detention rather than paroled following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a)). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 7 days of the date of entry of this Text Order, 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, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order; Petitioner may submit a reply within three (3) days of his receipt of the same. The Text Order at ECF No. 2, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes. So Ordered by Judge Robert Kirsch on 06/23/2026. (pdm) (Entered: 06/23/2026)

Jun 23, 2026

Text Order

#5

Jun 26, 2026

Notice of Appearance

#6

Jun 26, 2026

Letter

#7

Jul 02, 2026

Letter

#8

Jul 06, 2026

Order of Dismissal