District of New Jersey • 2:26-cv-05807

#1

May 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17449451.), filed by ALEXANDER GIANFRANCO SANDOVAL PADILLA. (Attachments: # 1 Exhibit Notice of Filing, # 2 Exhibit Exhibits A-G, # 3 Certification LCR 11.2 Certification, # 4 Certificate of Service Certificate_of_Service)(JUDE, TAMIKA) (Entered: 05/21/2026)

#2

May 21, 2026

Emergency MOTION for Temporary Restraining Order by ALEXANDER GIANFRANCO SANDOVAL PADILLA. (Attachments: # 1 Text of Proposed Order)(JUDE, TAMIKA) (Entered: 05/21/2026)

#3

May 21, 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 5/21/2026. (ps) (Entered: 05/21/2026)

#4

May 21, 2026

CERTIFICATE OF SERVICE by ALEXANDER GIANFRANCO SANDOVAL PADILLA re 1 Petition for Writ of Habeas Corpus, (Attachments: # 1 Civil Cover Sheet)(JUDE, TAMIKA) (Entered: 05/21/2026)

May 21, 2026

Case Assigned to Judge Madeline Cox Arleo. (ps)

May 21, 2026

Case Assigned/Reassigned

May 21, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jun 29, 2026

TEXT ORDER -Petitioner ALEXANDER GIANFRANCO SANDOVAL PADILLA is a citizen of Peru who allegedly entered the United States in May 2023 and was released on an order of supervision. (ECF No. 1, Petition at 26-30.) He has no criminal convictions but has a pending charge for simple assault under N.J.S.A. 2C:12-1(a)(1); he was taken into custody by ICE on May 18, 2026, allegedly without a warrant. (Id. at 38-46.) Based on these allegations and the Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Considering the pending criminal charge against Petitioner, the Court will order a bond hearing and makes no determination about whether he is a flight risk or a danger. 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's counsel shall have notice of the bond hearing, a reasonable 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, or that he is subject to mandatory detention under 8 U.S.C. § 1226(c), they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. The Motion for a TRO at ECF No. 2 shall be terminated; the request enjoin transfer is DENIED as MOOT considering the stay order entered at ECF No. 3 and the request to enjoin removal is DENIED for lack of jurisdiction and because Petitioner does not have a final order of removal. So Ordered by Judge Madeline Cox Arleo on 6/29/26. (aa, ) (Entered: 06/29/2026)

#6

Jun 29, 2026

Letter

Jun 29, 2026

Order

#7

Jun 30, 2026

Alter Judgment

Jul 01, 2026

Set Deadlines as to 7 Emergency MOTION to Alter Judgment Entered June 29, 2026. Motion set for 8/3/2026 before Judge Madeline Cox Arleo. 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, )

Jul 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Jul 03, 2026

Enforce Judgment

#9

Jul 06, 2026

TEXT ORDER - Currently pending before the Court are an "emergency motion to alter judgment" and an "emergency motion to enforce judgment" (ECF Nos. 7-8.) filed in connection with the bond hearing ordered by this Court on June 29, 2026. Respondents shall file a response to both motions by Wednesday, July 8, 2026. Petitioner may file a reply brief by Friday, July 10, 2026. So Ordered by Judge Madeline Cox Arleo on 7/6/26. (aa, ) (Entered: 07/06/2026)

#10

Jul 06, 2026

Notice of Appearance

#11

Jul 06, 2026

Notice of Appearance

Jul 06, 2026

Order

Jul 07, 2026

Set Deadlines as to 8 Emergency MOTION to Enforce Judgment . Motion set for 8/3/2026 before Judge Madeline Cox Arleo. 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. (sks)

Jul 07, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Jul 08, 2026

Letter

#13

Jul 09, 2026

Reply to Response to Motion

#14

Aug 03, 2026

Letter

Aug 04, 2026

Text Order