District of New Jersey • 2:26-cv-08325

HUERTA v. SOTO

Completed

Case Information

Filed: July 07, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 24, 2026
Last Activity: July 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 07, 2026
First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17627922.), filed by NARCISO MUYULEMA HUERTA. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 07/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 07, 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 July 9 noon, unless by July 8 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 July 10 at noon. 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 July 8. 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 Judge Michael E. Farbiarz on 7/7/2026. (ro, ) (Entered: 07/07/2026)
Jul 07, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 07, 2026
Case Assigned/Reassigned
Jul 07, 2026
Case Assigned to Judge Michael E. Farbiarz. (mfr)
#3
Jul 08, 2026
DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J. WILSON. (BASIAK, JOHN) (Entered: 07/08/2026)
Main Document: Declaration
#4
Jul 08, 2026
NOTICE of Appearance by JACOB HERIC on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J. WILSON (HERIC, JACOB) (Entered: 07/08/2026)
Main Document: Notice of Appearance
#5
Jul 08, 2026
DECLARATION of Deputy Field Office Director R.P. by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J. WILSON. (HERIC, JACOB) (Entered: 07/08/2026)
Main Document: Declaration
#6
Jul 08, 2026
NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J. WILSON (STEWART, JEWELL) (Entered: 07/08/2026)
Main Document: Notice of Appearance
#7
Jul 08, 2026
Letter
Main Document: Letter
#8
Jul 10, 2026
TEXT ORDER: The Petitioner shall file a reply to the Respondents' answer at ECF 7 on or before July 14 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)
Jul 10, 2026
Text Order
#9
Jul 13, 2026
Response (NOT Motion)
Main Document: Response (NOT Motion)
#10
Jul 15, 2026
TEXT ORDER: The Respondents have explained that the basis for the Petitioner's detention is 8 U.S.C. § 1225(b)(1)(B)(ii). See ECF 7 at 1-2. But that does not work. Section 1225(b)(1), per its title, plainly covers "aliens arriving in the United States and certain other aliens who have not been admitted or paroled." The Petitioner does not fall into either of those categories. Cf. Coal. for Humane Immigrant Rights v. Noem, 805 F. Supp. 3d 48, 89-94. (D.D.C. 2025); Sidqui v. Almodovar, 823 F. Supp. 3d 364, 383-85 (S.D.N.Y. 2026) (collecting cases). The Petitioner arrived in the United States in 2021, and was subsequently released into the United States via an order of recognizance. See ECF 9 at 2. "[A]s a matter of plain-text reading," it is therefore "§ 1226(a) that applies to people situated like the Petitioner, not § 1225(b)[(1)(B)]." Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025). The consequence of all of this: an immigration-court bond hearing must go forward. Accordingly, a bond hearing shall be conducted on or before June 17 at noon unless, by June 16 at 5:00pm, the Respondents file a letter explaining that the Petitioner has asked to adjourn the bond hearing. The Respondents shall file a status update on or before June 17 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/15/26. (ro, ) (Entered: 07/15/2026)
#11
Jul 15, 2026
TEXT ORDER: At ECF 10, the Court ordered that "a bond hearing shall be conducted on or before June 17 at noon unless, by June 16 at 5:00pm, the Respondents file a letter explaining that the Petitioner has asked to adjourn the bond hearing. The Respondents shall file a status update on or before June 17 at 5:00pm." The references to "June" are typographical errors. A bond hearing shall be conducted on or before July 17 at noon unless, by July 16 at 5:00pm, the Respondents file a letter explaining that the Petitioner has asked to adjourn the bond hearing. The Respondents shall file a status update on or before July 17 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/15/26. (ro, ) (Entered: 07/15/2026)
Jul 15, 2026
Text Order
#12
Jul 17, 2026
Letter
Main Document: Letter
#13
Jul 18, 2026
Letter
Main Document: Letter
#14
Jul 21, 2026
TEXT ORDER: A petition was filed, see ECF 1, a bail hearing was ordered, see ECF 10, and it was conducted. See ECF 13 . Therefore, 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 any party has a different view, it should explain why in a brief letter, to be filed on or before July 23 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 7/21/26. (ro, ) (Entered: 07/21/2026)
Jul 21, 2026
Text Order
#15
Jul 24, 2026
TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 2 is lifted, and the Clerk of Court is directed to close this case. So Ordered by Judge Michael E. Farbiarz on 7/23/26. (ro, ) (Entered: 07/24/2026)
Jul 24, 2026
Order of Dismissal