District of New Jersey • 1:26-cv-07837

#1

Jun 26, 2026

First PETITION for Writ of Habeas Corpus Petition ( Filing fee $ 5 receipt number ANJDC-17589964.), filed by JONATHAN SANTIAGO TAPIA FERNANDEZ. (Attachments: # 1 Brief BRIEF IN SUPPORT, # 2 Exhibit PETITIONER CASE INFORMATION, # 3 Exhibit I-360 Approval Notice, # 4 Text of Proposed Order PROPOSED ORDER, # 5 Civil Cover Sheet CIVIL COVERSHEET)(VERA, PAOLA) (Entered: 06/26/2026)

#2

Jun 26, 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 6/26/2026. (jml, ) (Entered: 06/26/2026)

Jun 26, 2026

Add and Terminate Judges

Jun 26, 2026

Chief Judge Renee Marie Bumb added. (jml, )

Jun 26, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 27, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Jonathan Santiago Tapia Fernandez's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. Dkt. No. 1, ("Petition"). Petitioner alleges his immigration detention without a bond hearing is unlawful. 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 7 days. Petitioner may file a reply brief within 3 days of the filing date of the answer. So Ordered by Chief Judge Renee Marie Bumb on 06/27/2026. (Costigan, Roberta) (Entered: 06/27/2026)

Jun 27, 2026

Order

#4

Jul 06, 2026

Notice of Appearance

#5

Jul 06, 2026

Response to Habeas Petition

#6

Jul 08, 2026

Reply to Response (NOT Motion)

#7

Jul 23, 2026

Letter

#8

Jul 24, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 ("Petition" Dkt. No. 1), challenging his detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful. Respondents filed an answer to the Petition ("Answer" Dkt. No. 5.) Respondents do not challenge this Court's jurisdiction and do not dispute the material facts alleged in the Petition. (Answer at 1-3.) Respondents submit Petitioner is lawfully detained as an applicant for admission without a bond hearing under 8 U.S.C. § 1225(b)(2), and in the absence of Third Circuit precedent, they rely on a statutory interpretation rejected by this Court and courts within this district. (Answer at 1-2, n. 1.) Under this Court's recent decision in Marca Lemu v. Soto, No. 25-cv-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(2)), as well as other recent decisions in this District interpreting § 1225(b)(2), see e.g., Rivera Zumba v. U.S. Attorney Gen., No. 25-CV-14626(KSH), 2025 WL 2753496, at *9 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner is subject to discretionary detention under § 1226(a), which entitles him to a bond hearing. Therefore, it is ORDERED that the Petition (Dkt. No. 1) is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven days of this 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). Within three days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 07/24/2026. (Costigan, Roberta) (Entered: 07/24/2026)

Jul 24, 2026

Order

#9

Aug 03, 2026

Letter

#10

Aug 06, 2026

Enforce Judgment

#11

Aug 06, 2026

Notice of Appearance

Aug 07, 2026

QC - Entry of Appearance