District of New Jersey • 2:26-cv-08406

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Jul 08, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17635289.), filed by ALFREDO MIGUEL SEGUNDO MAGUINA. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/08/2026)

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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. (jml, ) (Entered: 07/08/2026)

Jul 08, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 08, 2026

Judge Esther Salas added. (jml, )

Jul 08, 2026

Add and Terminate Judges

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Jul 09, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Peru, alleges that, on or about August 2001, he entered the United States at or near Arizona without inspection. (Pet. Paras. 22-23). "On November 28, 2011, Petitioner was arrested by the Union City Police and charged with Simple Assault under 2C:12-1A(1)." (Id. Para. 24). The charges were dismissed by the Union City Municipal Court on December 20, 2011, and, on or about December 22, 2011, Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") and a Notice to Appear was issued. (Id. Paras. 25-27). On March 10, 2014, a Newark immigration judge ("IJ") granted a joint motion to administratively close proceedings pursuant to the prosecutorial discretion program. (Id. Para. 28). Petitioner has no outstanding warrants or criminal convictions. (Id. Para. 30). On July 7, 2026, ICE arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 2, 29). Removal proceedings are currently pending before the Newark Immigration Court. (Id. Para. 32). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b)(2) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). Accordingly, the Petition, (D.E. No. 1), is GRANTED. Given Petitioner's criminal history, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an IJ 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). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's request for an order to show cause, (D.E. No. 1 -2), is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 through 1 -3), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/9/2026. (ek) (Entered: 07/09/2026)

Jul 09, 2026

Text Order

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Jul 17, 2026

Notice of Appearance

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Jul 17, 2026

Notice (Other)