District of New Jersey • 2:26-cv-06914

#1

Jun 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17527805.), filed by EDERSON ENRIQUE SAAVEDRA-HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, IJ Order, # 3 Exhibit Exhibit B, DHS Motion to Pretermit, # 4 Exhibit Exhibit C, Detainee Locator, # 5 Exhibit Exhibit D, DHS' Email, # 6 Exhibit Exhibit E, Bond Order)(CORRADO, CAROLYN) (Entered: 06/10/2026)

#2

Jun 10, 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 6/10/2026. (jml, ) (Entered: 06/10/2026)

Jun 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 10, 2026

Judge Evelyn Padin added. (jml, )

Jun 10, 2026

Add and Terminate Judges

#3

Jun 11, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner's petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner alleges his prolonged final removal order immigration detention violates due process, and his removal is not reasonably foreseeable because a recent attempt to remove him to a third country failed when the country refused to accept him. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within three days. So Ordered by Judge Evelyn Padin on 6/11/2026. (bt) (Entered: 06/11/2026)

Jun 11, 2026

Text Order

#4

Jun 12, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN (MAGGIO, KEVIN) (Entered: 06/12/2026)

#5

Jun 15, 2026

RESPONSE re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1 (Feb. 5, 2026 Order of the Immigration Judge), # 2 Exhibit 2 (June 15, 2026 DHS Motion to Reopen))(MAGGIO, KEVIN) (Entered: 06/15/2026)

#6

Jun 16, 2026

Letter from Petitioner in Reply. (CORRADO, CAROLYN) (Entered: 06/16/2026)

#7

Jul 23, 2026

Letter from Petitioner respectully requesting an order. (CORRADO, CAROLYN) (Entered: 07/23/2026)

#8

Aug 20, 2026

Letter from Petitioner requesting an order in light of length of detention. (CORRADO, CAROLYN) (Entered: 08/20/2026)

#9

Aug 21, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), Respondents' answer, D.E. 5 ("Answer"), and Petitioner's replies, D.Es. 6, 7 ("Replies"). Petitioner, a citizen of Venezuela, has been detained by Immigration and Customs Enforcement ("ICE") since November 30, 2025, having been denied bond. Petition at 1-2. ICE's efforts to remove Petitioner to Ecuador in May 2026 were unsuccessful. Answer at 3. Because the present record does not permit the Court to determine whether there remains a significant likelihood of Petitioner's removal in the reasonably foreseeable future, see Zadvydas v. Davis, 533 U.S. 678, 699-701 (2001), it is ORDERED that, by 8/24/2026, Respondents shall file a supplemental declaration from an ICE official with personal knowledge addressing the current status and disposition of: (1) DHS' motion to reopen Petitioner's removal proceedings; (2) all material efforts undertaken since May 2026 to remove Petitioner to Ecuador, Venezuela, or any third country, including the availability of travel documents, responses received from the relevant governments, and the anticipated timetable for removal; (3) whether Ecuador's refusal to accept Petitioner is final or whether further removal efforts involving Ecuador remain pending; and (4) the statutory authority under which Respondents presently detain Petitioner. Petitioner may file a response within three days after Respondents' submission. The petition shall remain pending, and the Court retains jurisdiction pending further order. So Ordered by Judge Evelyn Padin on 8/21/2026. (bt) (Entered: 08/21/2026)

Aug 21, 2026

Text Order

#10

Aug 24, 2026

Letter from Respondents re: Supplemental Declaration. (Attachments: # 1 Exhibit 1 (Declaration of Deportation Officer))(MAGGIO, KEVIN) (Entered: 08/24/2026)

#11

Aug 31, 2026

TEXT ORDER: This matter comes before the Court on Petitioner Ederson E. Saavedra-Hernandez's petition for a writ of habeas corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition") Respondents' Answer, D.E. 5 ("Answer"), Petitioner's Replies, D.E.s 6, 7 ("Replies"), and Respondents' supplemental declaration of Miguel Rodriguez, Deportation Officer, D.E. [10-1] ("Rodriguez Decl."). It is undisputed that Petitioner has been detained by Immigration and Customs Enforcement ("ICE") since November 30, 2025. Petition at 2. An Immigration Judge ("IJ") ordered him removed to Ecuador in February 2026, and ICE's May 2026 attempt to effectuate that order failed because Ecuador refused to accept him. Petition 9, 11-16; Answer at 1-3. Respondents now confirm that Ecuador's refusal is final, DHS's June 15, 2026, motion to reopen the removal proceedings remains pending, and "[n]o other efforts to remove Petitioner are currently underway." (Rodriguez Decl.") 4-6. The supplemental declaration identifies no expected decision date on the motion to reopen, confirmation that Venezuela or another country will accept Petitioner, available travel document, or anticipated timetable for removal. Id.Under 8 U.S.C. § 1231(a)(6), detention beyond the removal period is permissible only for the time reasonably necessary to effectuate removal. Zadvydas v. Davis, 533 U.S. 678, 689, 699-701 (2001). Because Petitioner's post-order detention has exceeded six months, Ecuador has definitively refused him, and ICE has no present removal plan or immediate ongoing removal efforts, Petitioner has provided good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future. Respondents have not rebutted that showing. The pending motion to reopen is insufficient because its disposition and timing are unknown. Although the Rodriguez Declaration notes this Court's temporary restriction on Petitioner's transfer or removal, Respondents do not identify an otherwise available removal that the restriction has prevented. Rodriguez Decl. 5. Accordingly, continued detention is no longer authorized by § 1231(a)(6). See Zadvydas, 533 U.S. at 699-701.The Petition, D.E. 1, is therefore GRANTED. Respondents shall RELEASE Petitioner within 24 hours of this Order (a) in the State of New Jersey, if Petitioner was initially arrested in New Jersey, or otherwise as close to the place of initial arrest as reasonably practicable; (b) without additional conditions (such as ankle monitors or other electronic tracking devices); and (c) with all personal property seized at the time of arrest in the same condition as it existed immediately prior to arrest. Respondents shall file a written confirmation of Petitioner's release on the docket within 3 days. The Court need not reach the remaining claims challenging Petitioner's detention. Nothing herein adjudicates DHS's motion to reopen, Petitioner's applications for protection from removal, or the Government's authority to act upon a material change in Petitioner's immigration status or the prospects for removal. The Clerk shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 8/31/2026. (wh) (Entered: 08/31/2026)

Aug 31, 2026

Order of Dismissal AND Text Order

#12

Sep 01, 2026

Letter from Respondents re: Petitioner's Release from ICE Custody. (MAGGIO, KEVIN) (Entered: 09/01/2026)