District of New Jersey • 2:26-cv-06009

#1

May 27, 2026

Second PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17464969.), filed by JUAN CARLOS ASENCIO LOPEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Brief, # 6 Civil Cover Sheet, # 7 Certificate of Service, # 8 Supplement Order to Show Cause, # 9 Supplement Notice of Appearance)(SANTAMARIA, STERLING) (Entered: 05/27/2026)

#2

May 27, 2026

TEXT ORDER: The Petition was filed today but it was dated ten days ago. It concerns a person who on May 21 withdrew a separate habeas petition, see Letter, Ascencio Lopez v. Blanche (D.N.J. May 21, 2026) (No. 26-5624) (ECF 10), so that he could refile that petition in another District. In light of all this, none of which is discussed in the instant Petition, it appears that the instant Petition may have been inadvertently filed. The Petitioner shall file an explanatory letter on or before May 28 at 4:00pm. If no letter is received by then, the instant Petition will be dismissed. So Ordered by Judge Michael E. Farbiarz on 5/27/26. (ro, ) (Entered: 05/27/2026)

May 27, 2026

Case assigned to Judge Michael E. Farbiarz. (tjg, )

May 27, 2026

Text Order

May 27, 2026

Case Assigned/Reassigned

#3

May 28, 2026

Letter

#4

May 28, 2026

Letter

#5

Jun 05, 2026

TEXT ORDER: The Petitioner shall not be removed from New Jersey or the United States. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). 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 noon on June 8. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this District. 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. The United States Attorney's Office shall also immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. The Plaintiff appears to take issue with the fact that he has been detained without opportunity for a bond hearing, see Verified Petition for Writ of Habeas Corpus (ECF 1) 2, but does not seem to seek an immigration court bond hearing. See id. 10 ("Merely ordering [the] Respondents to provide a bond hearing to [the] Petitioner will not suffice[.]"). Accordingly, no bond hearing will be ordered. The Respondents shall file an answer to the Petition on or before June 10 at noon. So Ordered by Judge Michael E. Farbiarz on 6/5/26. (ro, ) (Entered: 06/05/2026)

#6

Jun 05, 2026

Notice of Appearance

#7

Jun 05, 2026

Declaration

Jun 05, 2026

Emergent Immigration Habeas Non-transfer Order

#8

Jun 06, 2026

Notice of Appearance

#9

Jun 07, 2026

Declaration

#10

Jun 09, 2026

Letter

#11

Jun 15, 2026

TEXT ORDER: The Petitioner shall file a reply to the answer at ECF 10 on or before June 22 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 6/15/26. (ro, ) (Entered: 06/15/2026)

Jun 15, 2026

Text Order

#12

Jun 22, 2026

Letter

#13

Jul 02, 2026

TEXT ORDER: The petition at ECF 1 is denied. The Petitioner is subject to a reinstated order of removal. See Warrant of Removal/Deportation (ECF 10-12) at 1. So his detention is governed by 8 U.S.C. § 1231. See Johnson v. Guzman Chavez, 594 U.S. 523, 526 (2021) (holding that "§ 1231, not § 1226, governs the detention of aliens subject to reinstated orders of removal"). Section 1231, in turn, generally permits detention in the 90 days after a final order becomes "administratively final." See 8 U.S.C. § 1231(a)(1)(A), (a)(1)(B)(i), (a)(2)(A). The Petitioner's reinstated order of removal became "administratively final" on the day it was issued, May 12. See, e.g., Domingo Cinto v. Mullin, 2026 WL 1350720, at *1 (M.D. Fla. May 14, 2026) ("A removal order becomes administratively final upon reinstatement, which commences a new 90-day removal period."); G.P. v. Garland, 2024 WL 328435, at *3 n.4 (D.N.H. Jan. 29, 2024) ("A reinstated removal order becomes administratively final when it is reinstated."); Rodriguez-Garcia v. Warden, FCI-Herlong, 2025 WL 3089355, at *4 (E.D. Cal. Nov. 5, 2025), report and recommendation adopted, 2026 WL 257636 (E.D. Cal. Jan. 30, 2026); Vizguerra-Ramirez v. Baltazar, 2025 WL 3653158, at *6 (D. Colo. Dec. 17, 2025); Alva v. Kaiser, 2025 WL 2419262, at *3 (N.D. Cal. Aug. 21, 2025). So he is still within the 90-day period in which § 1231 requires detention. Courts across the District have consistently denied relief to similarly situated petitioners. See, e.g., Calle Guaman v. Soto, 2026 WL 811353, at *2 (D.N.J. Mar. 24, 2026); Ortiz v. Blanche, 2026 WL 1135997, at *3 (D.N.J. Apr. 27, 2026); Sandoval v. Tsoukaris, 2026 WL 1229781, at *3-4 (D.N.J. May 5, 2026); Uribe v. Bondi, 2026 WL 867815, at *1-2 (D.N.J. Mar. 30, 2026). So Ordered by Judge Michael E. Farbiarz on 7/2/2026. (wh) (Entered: 07/02/2026)

#14

Jul 02, 2026

TEXT ORDER: In light of the order at ECF 13, it appears that the petition should be dismissed. Any party objecting to this course of action shall file a short letter brief on or before July 9 at 5:00pm. If no persuasive letter is received before the deadline, the case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 7/2/2026. (wh) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

#15

Jul 10, 2026

TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 5 is lifted, and the Clerk of Court is directed to close this case.. So Ordered by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)

Jul 10, 2026

Order of Dismissal