District of New Jersey • 2:26-cv-07578

#1

Jun 24, 2026

Petition for Writ of Habeas Corpus

#2

Jun 24, 2026

Petition for Writ of Habeas Corpus

#3

Jun 24, 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 6/24/2026. (jml, ) (Entered: 06/24/2026)

Jun 24, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 24, 2026

Judge Esther Salas added. (jml, )

Jun 24, 2026

Add and Terminate Judges

#4

Jun 25, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 2 ("Amended Petition" or "Am. Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner Milton Favian Mendieta Yungasaca alleges that he entered the United States in 2000 without inspection. (Am. Pet. at 7). He alleges that he "has two USC children" and has "worked in the United States and has filed taxes" (Id.). Petitioner alleges that he was taken into immigration custody on June 17, 2026. (Id. at 5). The Petition is silent regarding Petitioner's criminal history. (See generally Am. Pet.). Accordingly, within 24 hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of Court shall forward a copy of the Amended Petition, (D.E. No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 6/25/2026. (ek) (Entered: 06/25/2026)

#5

Jun 25, 2026

Response (NOT Motion)

Jun 25, 2026

Text Order

#6

Jun 28, 2026

TEXT ORDER : This matter comes before the Court on Petitioner's letter response, (D.E. No. 5 ("Response" or "Resp."), filed pursuant to this Court's June 25, 2026 Text Order, (D.E. No. 4 ), stating that Petitioner shall assert under oath whether he has any criminal history. In his Response, Petitioner affirms that "he has had one arrest for driving under the influence in 2014." (Resp. at 1 ("He paid a fine and completed a course following that arrest")). Based on Petitioner's Response, the allegations in his habeas petition, (D.E. No. 1 ), which are summarized in the June 25, 2026 Text Order, (D.E. No. 4 ), and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). In light of Petitioner's criminal history, the Court concludes that, in accordance with § 1226(a), within ten (10) 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 Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Esther Salas on 6/28/2026. (ek) (Entered: 06/28/2026)

Jun 28, 2026

Text Order

#7

Jul 10, 2026

Notice of Appearance

#8

Jul 10, 2026

Letter

#9

Jul 13, 2026

TEXT ORDER : This matter comes before the Court on Respondents' July 10, 2026 letter indicating that, pursuant to this Court's June 28, 2026 Text Order, (D.E. No. 6 ), an Immigration Judge held a bond hearing on July 9, 2026, and granted Petitioner's request for bond. (D.E. No. 8 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 3 & 6 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 7/13/2026. (ek) (Entered: 07/13/2026)

Jul 13, 2026

Terminate Civil Case

Jul 13, 2026

Text Order

Jul 13, 2026

***Civil Case Terminated. (ek)