District of New Jersey • 2:26-cv-06904

#1

Jun 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54273.), filed by CRISTIAN GABRIEL SARMIENTO MORALES. (Attachments: # 1 Exhibit, # 2 Affidavit of Good Moral Character, # 3 Envelope)(jr) (Entered: 06/10/2026)

#2

Jun 10, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. 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 11. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. 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. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 6/10/2026. (ro, ) (Entered: 06/10/2026)

#3

Jun 10, 2026

TEXT ORDER: The Respondents shall file a letter on or before June 12 at 10:00am explaining the basis for the Petitioner's detention. So Ordered by Judge Michael E. Farbiarz on 6/10/26. (ro, ) (Entered: 06/10/2026)

Jun 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 10, 2026

Text Order

#4

Jun 11, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,, by ICE FIELD OFFICE DIRECTOR, U.S. DEPARTMENT OF HOMELAND SECURITY. (BASIAK, JOHN) (Entered: 06/11/2026)

#5

Jun 11, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of ICE FIELD OFFICE DIRECTOR, U.S. DEPARTMENT OF HOMELAND SECURITY (LASERNA, JESSICA) (Entered: 06/11/2026)

#6

Jun 11, 2026

DECLARATION of Deputy Field Office Director, U.S. Immigration and Customs Enforcement re 2 Emergent Immigration Habeas Non-transfer Order,,,,, by ICE FIELD OFFICE DIRECTOR, CRISTIAN GABRIEL SARMIENTO MORALES, U.S. DEPARTMENT OF HOMELAND SECURITY. (LASERNA, JESSICA) (Entered: 06/11/2026)

#7

Jun 11, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,, 4 Declaration (Corrected re: AM/PM Timestamp) by ICE FIELD OFFICE DIRECTOR, U.S. DEPARTMENT OF HOMELAND SECURITY. (BASIAK, JOHN) (Entered: 06/11/2026)

#8

Jun 12, 2026

Response to Habeas Petition

#9

Jun 24, 2026

TEXT ORDER: The Respondents argue that the petition at ECF 1 should be dismissed "under the 'abuse of the writ' doctrine." See ECF 8 at 2-3. "As set forth by the Supreme Court in McClesky v. Zant, the abuse of the writ doctrine bars claims which could have been raised in an earlier habeas corpus petition except upon a showing of 'cause and prejudice'" or where "'[a] fundamental miscarriage of justice would result from a failure to entertain the claim.'" Wise v. Fulcomer, 958 F.2d 30, 34 (3d Cir. 1992) (quoting McClesky v. Zant, 499 U.S. 467, 495 (1991)). The Petitioner previously filed a petition pressing what appears to be an identical claim before the undersigned. See Sarmiento Morales v. Soto, No. 2:26-cv-03133 (D.N.J. Mar. 24, 2026) (ECF 1). Unless the Petitioner can show "cause or prejudice," or the risk of a "fundamental miscarriage of justice," it thus appears that the petition should be dismissed under the abuse of the writ doctrine. The Petitioner shall therefore file a short letter on or before July 6 explaining why either of these carve outs apply, or if there is some other basis on which the abuse of the writ doctrine is inapplicable. (The Court has afforded the Petitioner with such a lengthy briefing timeline because he appears to be proceeding pro se, without a lawyer.) If no letter is received by that date, the Petition will promptly be dismissed. The Clerk of Court shall mail a copy of this text order to the Petitioner at the address listed on ECF. So Ordered by Judge Michael E. Farbiarz on 6/24/2026. (ro, ) (Entered: 06/24/2026)

Jun 24, 2026

Text Order

#10

Jun 30, 2026

Letter

#11

Jul 02, 2026

Order

#12

Jul 02, 2026

TEXT ORDER: The Clerk of Court shall mail a copy of the Order at ECF 11 to the Petitioner at the address listed on ECF. So Ordered by Judge Michael E. Farbiarz on 7/2/2026. N/M(wh) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

#13

Jul 16, 2026

Letter

Jul 30, 2026

Order of Dismissal