District of New Jersey • 1:26-cv-08355
PEREZ CORTES v. WARDEN, DELANEY HALL DETENTION FACILITY
Active
Case Information
Filed: July 08, 2026
Assigned to:
Karen M. Williams
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 05, 2026
Parties:
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Docket Entries
#1
Jul 07, 2026
PETITION for Writ of Habeas Corpus, filed by ROBINSON ALEXIS PEREZ CORTES. (Attachments: # 1 Exhibit, # 2 Exhibit) (NO FF/IFP) (RECEIVED VIA ADS) (sms2) (Entered: 07/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 08, 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 7/8/2026. (dmw) (Entered: 07/08/2026)
Jul 08, 2026
Notice of NEF Consent
Jul 08, 2026
Filing fee: $5, receipt number NEW54507. (ps)
Jul 08, 2026
Pro Se Consent to Electronically Receive NEFs. By using ADS, ROBINSON ALEXIS PEREZ CORTES has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (sms2)
Jul 08, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Jul 09, 2026
TEXT ORDER - : The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1) filed by Petitioner, Robinson Alexis Perez Cortes ("Petitioner"), who proceeds pro se, and is presently detained at Delaney Hall Detention Facility. According to the Petition, Petitioner is a native and citizen of Peru who entered the United States in 2022 and has resided here since. Petitioner alleges that he filed an application for asylum on October 20, 2023, which remains pending. Petitioner further alleges that he was arrested by ICE on July 1, 2026, after voluntarily appearing for his scheduled immigration appointment, and that ICE officers informed him that his detention was related to a prior allegation involving domestic violence, in which Petitioner alleges he was the victim. Petitioner contends that his present detention violates the Due Process Clause of the Fifth Amendment, is arbitrary and unreasonable, and improperly relies upon dismissed allegations. (Id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before July 16, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of the entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 9, 2026. (Williams, Karen) (Entered: 07/09/2026)
#4
Jul 09, 2026
Letter
Main Document:
Letter
Jul 09, 2026
Text Order
#5
Jul 10, 2026
Miscellaneous Relief
Main Document:
Miscellaneous Relief
#6
Jul 10, 2026
DISREGARD - ENTERED IN ERROR TEXT ORDER - The Court has reviewed Respondents' July 9, 2026 letter advising that Petitioner was transferred from Delaney Hall Detention Facility on July 7, 2026, at approximately 6:25 a.m., and booked into the Alexandria Staging Facility in Alexandria, Louisiana, at approximately 8:59 a.m. that same day, prior to the filing of the Petition and prior to the Court's July 8, 2026 Text Order prohibiting Petitioner's transfer from New Jersey. (ECF No. 4.) Accordingly, the record does not presently support Petitioner's assertion that Respondents transferred him in violation of this Court's July 8, 2026 Order, and Petitioner's Emergency Motion to Enforce the Court's July 8, 2026 Non-Transfer Order (ECF No. 5) is DENIED. The Court further notes that Petitioner was confined in Louisiana when this action commenced. A petition for a writ of habeas corpus under 28 U.S.C. § 2241 generally must be brought against the petitioner's immediate custodian in the district of confinement. Rumsfeld v. Padilla, 542 U.S. 426, 434-35, 442-43 (2004). Because transfer, rather than dismissal, is in the interest of justice, see 28 U.S.C. § 1631, the Clerk shall TRANSFER this matter to the United States District Court for the Western District of Louisiana for all further proceedings and CLOSE this case. So Ordered by Judge Karen M. Williams on July 10, 2026. (Williams, Karen) (Entered: 07/10/2026)
#7
Jul 10, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#8
Jul 10, 2026
TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. The Petition appears to have been executed by Petitioner on July 6, 2026, while Petitioner was detained at Delaney Hall Detention Facility. (ECF No. 1.) The docket further reflects that the Petition was received via ADS. (Id.) Respondents represent that Petitioner was transferred from Delaney Hall Detention Facility on July 7, 2026, at approximately 6:25 a.m., and booked into the Alexandria Staging Facility in Alexandria, Louisiana, at approximately 8:59 a.m. that same day. (ECF No. 4.) Respondents further represent that the Petition was filed on July 7, 2026, at approximately 10:40 a.m. (Id.) The Court subsequently entered a Text Order on July 8, 2026, enjoining Respondents from transferring Petitioner from the District of New Jersey pending further Order of the Court. (ECF No. 2.) Because the Court must determine whether it acquired jurisdiction over the Petition before reaching the merits, IT IS ORDERED that Respondents shall, on or before July 15, 2026, file a supplemental letter addressing: (1) Petitioner's current place of detention; (2) Petitioner's place of detention at the time the Petition was submitted through ADS, together with any available records reflecting the ADS submission, transmission, or receipt of the Petition; (3) Respondents' position as to the operative filing date of the Petition for purposes of determining this Court's jurisdiction under 28 U.S.C. § 2241, including whether the operative filing date is the date of ADS submission, the date the Petition was received by the Clerk's Office, or the date it was entered on the docket, together with any legal authority supporting Respondents' position; and (4) Respondents shall further explain the ADS filing process utilized in this case, including the manner in which a detainee submits a filing through ADS, whether the submission is immediately transmitted to the Clerk's Office or first routed through ICE or detention facility personnel, and provide the date and time of each step in Petitioner's submission, transmission, receipt, and docketing of the Petition, together with any records reflecting those events. IT IS FURTHER ORDERED that, pending resolution of the jurisdictional issues identified above, Respondents shall not transfer Petitioner from his current place of detention or remove Petitioner from the United States without prior leave of Court, except that Respondents may return Petitioner to the District of New Jersey. See In re Philippi, No. 06-91, 2006 WL 1949020, at *1 n.1 (D.N.J. July 11, 2006) (recognizing a court's authority to preserve the status quo while determining its jurisdiction) (citing United States v. United Mine Workers of America, 330 U.S. 258, 293 (1947)); Star Creations Investment Co. v. Alan Amron Development, Inc., No. 95-4328, 1995 WL 495126, at *16 (E.D. Pa. Aug. 18, 1995) (quoting Fernandez-Roque v. Smith, 671 F.2d 426, 431 (11th Cir. 1982)); In re Patriot's Point Associates, Ltd., 902 F.2d 1566 (4th Cir. 1990). So Ordered by Judge Karen M. Williams on July 10, 2026. (Williams, Karen) (Entered: 07/10/2026)
Jul 10, 2026
CLERK'S QUALITY CONTROL MESSAGE - The Text Order (Dkt. No. 6) WAS ENTERED PREMATURELY AND IN ERROR - PLEASE DISREGARD. (nar)
Jul 10, 2026
QC - Generic Message
Jul 10, 2026
Text Order
Jul 10, 2026
Filing Fee Received
#9
Jul 15, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#10
Jul 15, 2026
Letter
Main Document:
Letter
#11
Jul 16, 2026
Response to Habeas Petition
Main Document:
Response to Habeas Petition
#12
Jul 17, 2026
Reply to Response to Motion
Main Document:
Reply to Response to Motion
#13
Jul 20, 2026
TEXT ORDER - This matter comes before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Court has reviewed Respondents' supplemental letter (ECF No. 10), which represents that they do not contest this Court's jurisdiction over the Petition and confirms that Petitioner is presently detained at Delaney Hall Detention Facility in Newark, New Jersey. Based upon Respondents' submission, the Court is satisfied that it possesses jurisdiction over this habeas action pursuant to 28 U.S.C. § 2241. The Court has also reviewed the Response (ECF No. 11) and Petitioner's Reply (ECF No. 12). The Court finds that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), which requires an individualized bond hearing. Accordingly, the Petition is GRANTED IN PART. It is ORDERED that Respondents shall provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(d) within seven (7) days of the date of this Order, and it is further ORDERED that within three (3) days of the bond hearing, Respondents shall file a letter advising the Court of the outcome upon which the Court will close this matter absent further relief being warranted. Petitioner shall not be transferred from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 20, 2026. (Williams, Karen) (Entered: 07/20/2026)
Jul 20, 2026
Text Order
#14
Jul 23, 2026
Reconsideration
Main Document:
Reconsideration
#15
Jul 27, 2026
Exhibit (to Document)
Main Document:
Exhibit (to Document)
#16
Jul 31, 2026
Letter
Main Document:
Letter
#17
Jul 31, 2026
Letter
Main Document:
Letter
#18
Jul 31, 2026
Letter
Main Document:
Letter
#19
Aug 05, 2026
Order on Motion for Reconsideration
Main Document:
Order on Motion for Reconsideration
Parties
PEREZ CORTES
Party
WARDEN, DELANEY HALL DETENTION FACILITY
Party