District of New Jersey • 2:26-cv-07898

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus and Temporary Restraining Order ( Filing fee $ 5 receipt number NEW54403.), filed by JOSE FREDY PALMA PORTILLO. (Attachments: # 1 Cover Letter, # 2 Exhibit, # 3 Text of Proposed Order)(vm) (Entered: 06/29/2026)

#2

Jun 29, 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 6/29/2026. (vm) (Entered: 06/29/2026)

Jun 29, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 30, 2026

ORDER TO ANSWER. Within 7 days of this Order, Respondents shall file an answer to the 1 Petition. Respondents are temporarily enjoined from transferring Petitioner from his current detention facility during the pendency of this action. Signed by Judge Brian R. Martinotti on 6/30/2026. (dmr3) (Entered: 06/30/2026)

#4

Jul 06, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD M. BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR J. WILSON JR. (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 07/06/2026)

#5

Jul 07, 2026

RESPONSE re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1 (July 23, 2009 Notice to Appear), # 2 Exhibit 2 (June 26, 2026 Form I-213), # 3 Exhibit 3 (July 28, 2009 Order of Release on Recognizance), # 4 Exhibit 4 (Nov. 1, 2010 Order of the Immigration Judge), # 5 Exhibit 5 (May 3, 2012 Decision of the Immigration Judge), # 6 Exhibit 6 (Aug. 27, 2012 Decision of the BIA), # 7 Exhibit 7 (EOIR Automated Case Information), # 8 Exhibit 8 (June 9, 2026 Form I-205), # 9 Certificate of Service)(MAGGIO, KEVIN) (Entered: 07/07/2026)

#6

Jul 13, 2026

PETITIONER'S REPLY/TRAVERSE to Respondents' 5 Expedited Answer to Petition for Writ of Habeas Corpus. (sks) (Entered: 07/16/2026)

#7

Jul 24, 2026

OPINION. (n/m) Signed by Judge Brian R. Martinotti on 7/24/2026. (mj) (Entered: 07/24/2026)

#8

Jul 24, 2026

ORDER that Petitioner's Petition (ECF No. 1 ) is DENIED without prejudice; the Clerk of Court shall serve a copy of this Order and the accompanying Opinion upon Petitioner by regular U.S. mail and upon Respondents electronically and CLOSE this matter. (n/m) Signed by Judge Brian R. Martinotti on 7/24/2026. (mj) (Entered: 07/24/2026)

#9

Jul 27, 2026

MOTION FOR RECONSIDERATION by JOSE FREDY PALMA PORTILLO. (sm) (Entered: 07/27/2026)

Jul 27, 2026

Reset Deadlines as to 9 MOTION for Reconsideration. Motion set for 9/8/2026 before Judge Brian R. Martinotti. 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)

Jul 27, 2026

Set Deadlines as to 9 MOTION for Reconsideration. Motion set for 9/8/2027 before Judge Brian R. Martinotti. 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)

Jul 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#10

Jul 30, 2026

TEXT ORDER: Before the Court is Petitioner's motion for reconsideration. (ECF No. 9). By way of background, Petitioner had previously filed a Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) This Court ordered Respondents to answer the petition. (ECF No. 3). Respondents opposed the petition, (ECF NO. 5), and Petitioner filed a reply. (ECF No. 7). After considering the filings, this Court denied the Petition. (See ECF Nos. 7, 8). Now, Petitioner requests this Court reconsider its denial of the Petition and to reinstate the no-transfer order during the pendency of the motion for reconsideration. (ECF No. 9). After considering Petitioner's motion, it is ORDERED that the Clerk shall REOPEN this matter. It is further ORDERED that Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. It is finally ORDERED that Respondents shall file an answer to the motion for reconsideration within five (5) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 07/30/2026. (lr, ) (Entered: 07/30/2026)

Jul 30, 2026

Text Order

#11

Aug 04, 2026

RESPONSE in Opposition filed by TODD M. BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR J. WILSON JR. re 9 MOTION for Reconsideration (Attachments: # 1 Exhibit 1 (Order of Release on Recognizance), # 2 Certificate of Service)(MAGGIO, KEVIN) (Entered: 08/04/2026)

#12

Aug 06, 2026

Letter to the court requesting leave to file a limited reply from JOSE FREDY PALMA PORTILLO. (lag, ) (Entered: 08/07/2026)

#13

Aug 10, 2026

LETTER ORDER granting Petitioners leave to file a limited reply. Signed by Judge Brian R. Martinotti on 8/10/2026. (dnw) (Entered: 08/10/2026)

#14

Aug 11, 2026

ORDER GRANTING PETITIONER LEAVE TO FILE A LIMITED REPLY; that the Clerk shall docket the proposed limited reply enclosed with Petitioner's request as "Petitioner's Limited Reply in Further Support of Motion for Reconsideration"; that the Limited Reply shall be deemed filed as of the date of this Order, without requiring Petitioner to submit a second copy; that no further briefing shall be filed unless directed by the Court. Signed by Judge Brian R. Martinotti on 8/11/2026. (ld) (Entered: 08/11/2026)

#15

Aug 11, 2026

Petitioner's Limited Reply in Further Support of Motion for Reconsideration by JOSE FREDY PALMA PORTILLO (ld) (Entered: 08/11/2026)

#16

Aug 20, 2026

TEXT ORDER: This matter having come before the Court on Petitioner's Motion for Reconsideration (ECF No. 9) of the Court's July 24, 2026 Opinion and Order denying Petitioner's habeas petition. On July 24, 2026, the Court denied Petitioner's petition, finding Petitioner lawfully detained under 8 U.S.C. 1231(a) pursuant to a final order of removal and his challenge to his detention was premature. (See ECF Nos. 7, 8.) The Court also found that it lacked jurisdiction to consider Petitioner's claims regarding the arbitrariness of his re-detention without process. (See id.) In his Motion for Reconsideration, Petitioner asks the Court to reconsider it's finding that the Court lacks jurisdiction to consider the Petitioner's claims regarding his re-detention without process. (See ECF No. 9.) The Court has reviewed the Motion for Reconsideration, Respondents' response (ECF No. 11), and Petitioner's reply (ECF No. 15), and the records of the proceedings in this matter. The Court finds its July 24, 2026 Opinion and Order thoroughly considered all of the arguments made my Petitioner and correctly found that it lacked jurisdiction to consider Petitioner's claims regarding his re-detention. See Tazu v. Attorney General United States, 975 F.3d 292, 299 (3d Cir. 2020) (finding petitioner's "re-detention challenge is directly about removal[;]... [thus,] under § 1252(g) or § 1252(b)(9), the outcome is the same: the District Court lacked jurisdiction to hear it.")The Court lacks jurisdiction to review Petitioner's claims regarding the arbitrariness of his re-detention without process. See 8 U.S.C. 1252(a)(5), (b)(6). The Court having considered the motion and the records of proceedings in this matter, and this Court having found that Petitioner presents no legal basis for reconsideration of this Court's July 24, 2026 Opinion and Order, the Court will deny Petitioner's Motion for Reconsideration. Accordingly, it is ORDERED that Petitioner's Motion for Reconsideration (ECF No. 9) is DENIED and the Clerk of the Court shall CLOSE this case. So Ordered by Judge Brian R. Martinotti on 08/20/2026. (lr, ) (Entered: 08/20/2026)

Aug 20, 2026

***Civil Case Terminated. (wh)

Aug 20, 2026

Terminate Civil Case

Aug 20, 2026

Text Order

#17

Aug 21, 2026

NOTICE OF APPEAL as to 8 Order, 16 Text Order 7 Opinion by JOSE FREDY PALMA PORTILLO. Filing fee $ 605, receipt number 54934. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (adc, ) (Entered: 08/21/2026)

#18

Aug 21, 2026

EMERGENCY MOTION to restore the no-transfer injunction by JOSE FREDY PALMA PORTILLO. (adc, ) Modified on 8/21/2026 (adc, ). (Entered: 08/21/2026)

#19

Aug 21, 2026

TEXT ORDER: Before the Court is Petitioner's Emergency Motion to Enjoin Respondents from transferring Petitioner from New Jersey during the pendency of his appeal in the Third Circuit (ECF No. 18) and his Notice of Appeal to the Third Circuit Court of Appeals (ECF No. 17). Accordingly, it is ORDERED that the Clerk of the Court shall REOPEN this matter. It is further, ORDERED that Petitioner's Motion to Enjoin his Transfer (ECF No. 18) is GRANTED. It is further, ORDERED that Respondents are TEMPORARILY ENJOINED from transferring Petitioner from him current detention facility during the pendency of his appeal in the Third Circuit. So Ordered by Judge Brian R. Martinotti on 08/21/2026. (lr, ) (Entered: 08/21/2026)

Aug 21, 2026

Text Order

Aug 21, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Aug 21, 2026

Set Deadlines as to 18 EMERGENCY MOTION to restore the no-transfer injunction. Motion set for 9/21/2026 before Judge Brian R. Martinotti. 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. (adc, )

#20

Aug 26, 2026

USCA Case Number 26-3144 for 17 Notice of Appeal (USCA), filed by JOSE FREDY PALMA PORTILLO. USCA Case Manager Stephanie (Document Restricted - Court Only) (ca3sb, ) (Entered: 08/26/2026)