District of New Jersey • 2:26-cv-07449

#1

Jun 22, 2026

PETITION for Writ of Habeas Corpus, Emergency MOTION for Temporary Restraining Order and Preliminary Injunction, and Application IFP, filed by HERNAN OMAR ARGURTO LUNA. (Attachments: # 1 Supporting Letter from Mauricio Rodriguez, # 2 Exhibits, # 3 Exhibits)(Received via ADS)(wh). (Entered: 06/22/2026)

#2

Jun 22, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A bond hearing shall be conducted on or before June 24 at noon, unless by June 23 at 5:00pm, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882); and Ortega Alvarez v. Noem (2:25-cv-17401). The Respondents shall file a status update letter on or before June 25 at 9:00am. In addition to what is set out above, 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 10:00am on June 23. 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 Magistrate Judge Cari Fais on 6/22/26. (ro, ) (Entered: 06/22/2026)

#3

Jun 22, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD M. LYONS, KRISTI NOEM, WARDEN, DELANEY HALL DETENTION FACILITY (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 06/22/2026)

#4

Jun 22, 2026

DECLARATION of Deputy Field Office Director re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD M. LYONS, KRISTI NOEM, WARDEN, DELANEY HALL DETENTION FACILITY. (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 06/22/2026)

#5

Jun 22, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD M. LYONS, KRISTI NOEM, WARDEN, DELANEY HALL DETENTION FACILITY. (BASIAK, JOHN) (Entered: 06/22/2026)

Jun 22, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Jun 24, 2026

EMERGENCY MOTION TO ENFORCE COURT ORDER By HERNAN OMAR ARGURTO LUNA. (Received via ADS) (sm) (Entered: 06/24/2026)

#7

Jun 24, 2026

Letter from Respondents re: Petitioner's Bond Hearing Before an Immigration Judge. (Attachments: # 1 Exhibit 1 (June 24, 2026 Order of the Immigration Judge), # 2 Certificate of Service)(MAGGIO, KEVIN) (Entered: 06/24/2026)

Jun 24, 2026

Set Deadlines as to 6 EMERGENCY MOTION TO ENFORCE COURT ORDER. Motion set for 7/20/2026 before Judge Michael E. Farbiarz. 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. (sm)

Jun 24, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Jun 25, 2026

TEXT ORDER: A petition was filed, see ECF 1, a bond hearing was ordered, see ECF 2, and it was conducted. See ECF 7 . Accordingly, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter to be filed on or before July 2 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 6/25/26. (ro, ) (Entered: 06/25/2026)

#9

Jun 25, 2026

Letter Re: Response to Court's June 25, 2026 Order from HERNAN OMAR ARGURTO LUNA. (ld)(Received via ADS) (Entered: 06/26/2026)

Jun 25, 2026

Text Order

#10

Jul 02, 2026

Letter from Respondents re: Response to Petitioner's June 25, 2026 Letter. (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 07/02/2026)

#11

Jul 02, 2026

TEXT ORDER: The Respondents shall file a short letter brief in response to the submission at ECF 9 on or before July 8 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 7/2/2026. N/M(wh) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

#12

Jul 03, 2026

TEXT ORDER: Adequate notice is a basic requisite of due process, and here the Petitioner pro se contends that he became aware of his immigration-court bond hearing only hours before it got underway. Response to the Court's June 25, 2026 Order (ECF 9) at 2. So, the Petitioner contends, he did not have a "meaningful opportunity to gather documentary evidence, prepare witnesses, organize supporting materials, or seek legal representation." Id. In addition, the Petitioner states, his name was recorded incorrectly. See id. This "hindered his family's efforts" to keep track of his case and help him prepare for the bond hearing. See id. In their response of yesterday, the Respondents contend that the hearing was not fundamentally unfair. But they do not meaningfully contest the facts as put forward by the Petitioner. Indeed, the Respondents indicate that ICE has not located evidence that the Petitioner was served before the morning of his hearing --- a hearing that apparently took place at 8:30am. But that supports the Petitioner's position. It does not detract from it. And it suggests a high likelihood that the Petitioner's hearing did not comport with due process and therefore was fundamentally unfair. The Respondents have not acted to dissipate that impression by, say, providing a transcript of the hearing. The Petitioner shall be released from custody on bail. This is an extraordinary circumstance. The Petitioner is, now, very likely being held in custody in violation of the laws of the United States. And he should not have to wait in custody for the Respondents to provide the adequate hearing they were earlier directed to. The Court's bail order shall become effective on July 3 at 3:00pm. This pause is to permit the Respondents to provide the Court with any information as to flight or dangerousness to the community; such information could potentially impact the calculus here and cause the Court to rethink the bail order. This pause is also to permit the Respondents to propose any bail conditions that they may wish to. The Court's bail order will expire of its own accord just after an immigration judge rules at a bond hearing at which the Petitioner is afforded a full and fair opportunity to participate, on sufficient notice. So Ordered by Judge Michael E. Farbiarz on 7/3/2026. (ps) (Entered: 07/03/2026)

#13

Jul 03, 2026

NOTICE of Appearance by DAVID INKELES on behalf of TODD M. LYONS, KRISTI NOEM, WARDEN, DELANEY HALL DETENTION FACILITY (INKELES, DAVID) (Entered: 07/03/2026)

#14

Jul 03, 2026

Letter from the U.S. Attorney's Office re: Petitioner's Release. (INKELES, DAVID) (Entered: 07/03/2026)

Jul 03, 2026

Text Order

#15

Jul 08, 2026

Order

#16

Jul 20, 2026

Mail Returned

#17

Jul 21, 2026

Mail Returned

#19

Jul 29, 2026

Status Report

Jul 29, 2026

Text Order

#20

Jul 30, 2026

Order

#21

Aug 04, 2026

Letter

Aug 05, 2026

Text Order