District of New Jersey • 2:26-cv-08159

#1

Jul 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17614073.), filed by KEVIN ALEXANDER ALVARADO TROCHES. (Attachments: # 1 Civil Cover Sheet, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(ALLEN, MARIBEL) (Entered: 07/03/2026)

#2

Jul 03, 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 July 3, 2026. (bf, ) (Entered: 07/03/2026)

Jul 03, 2026

Case Assigned to Judge Evelyn Padin. (bf, )

Jul 03, 2026

Case Assigned/Reassigned

Jul 03, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 06, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Kevin Alexander Alvarado's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"). Petitioner, who is subject to a voluntary departure agreement which he alleges he signed under duress, challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful and in violation of his liberty interest under the Due Process Clause of the Fifth Amendment. Petition 18-36. 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. Petitioner may file a reply brief within three days of the filing date of the answer. So Ordered by Judge Evelyn Padin on 7/6/2026. (bt) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

#4

Jul 09, 2026

Notice of Appearance

#5

Jul 09, 2026

Response to Habeas Petition

#6

Jul 10, 2026

Letter

#7

Jul 16, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Alvarado-Troches' Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), challenging his detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful. Respondents filed an answer to the Petition. D.E. 5 ("Answer"). Respondents submit Petitioner is lawfully detained as an applicant for admission without a bond hearing under 8 U.S.C. § 1225(b)(1), and they rely on a statutory interpretation rejected by this Court and other courts within this district. Answer at 1, n.1. In his reply, Petitioner alleges his detention is pursuant to 8 U.S.C. § 1226(a), and he has not been afforded a bond hearing, in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. D.E. 6 ("Reply"). Under this Court's decision in Rojas v. Immigr. & Customs Enf't, No. 26CV2414, 2026 WL 788723, at *2 (D.N.J. Mar. 20, 2026) (interpreting § 1225(b)(1)), as well as other recent decisions in this District interpreting § 1225(b)(1), see e.g., Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628, at *1 (D.N.J. Dec. 3, 2025) (collecting cases), 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, D.E. 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 Judge Evelyn Padin on 7/16/2026. (wh) (Entered: 07/16/2026)

Jul 16, 2026

Text Order

#8

Jul 22, 2026

Letter

#9

Jul 23, 2026

TEXT ORDER: On July 16, 2026, this Court granted Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to provide Petitioner with a bond hearing in accordance with 8 U.S.C. § 1226(a). D.E. 7 . The Court has reviewed the Government's status update, D.E. 8, which establishes that Petitioner was provided a bond hearing on July 21, 2026. Accordingly, the Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 7/23/2026. (bt) (Entered: 07/23/2026)

Jul 23, 2026

***Civil Case Terminated. (wh)

Jul 23, 2026

Terminate Civil Case

Jul 23, 2026

Text Order