Completed
Case Information
Filed: July 10, 2026
Assigned to:
Evelyn Padin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 17, 2026
Last Activity:
July 22, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 10, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17645612.), filed by ABEL ALVES DE LANA. (Attachments: # 1 Civil Cover Sheet)(DECOSMO, DEREK) (Entered: 07/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 10, 2026
NOTICE of Appearance by DEREK A DECOSMO on behalf of ABEL ALVES DE LANA (DECOSMO, DEREK) (Entered: 07/10/2026)
Main Document:
Notice of Appearance
#3
Jul 10, 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 7/10/2026. (alg) (Entered: 07/10/2026)
#4
Jul 10, 2026
TEXT ORDER: This matter comes before the Court upon Petitioner Abel Alves De Lana's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"). 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 has determined that dismissal without an answer is not warranted. Respondents shall file an expedited answer to the Petition within three days. In their answer, Respondents shall, at a minimum, indicate whether they dispute any of the factual allegations with the Petition, including whether Petitioner has a criminal history. Petitioner may file a reply brief within three days of the filing date of the answer. So Ordered by Judge Evelyn Padin on 7/10/2026. (bt) (Entered: 07/10/2026)
Jul 10, 2026
Case assigned to Judge Evelyn Padin. (alg)
Jul 10, 2026
Text Order
Jul 10, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 10, 2026
Case Assigned/Reassigned
#5
Jul 13, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLEN, RUBEN PEREZ (KAPLAN, SARINA) (Entered: 07/13/2026)
Main Document:
Notice of Appearance
#6
Jul 13, 2026
RESPONSE re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Ex 1 - I-213, 2010, # 2 Exhibit Ex 2 - I-213, 2026, # 3 Exhibit Ex 3 - IJ Removal Order, # 4 Exhibit Ex 4 - I-213, 2019)(KAPLAN, SARINA) (Entered: 07/13/2026)
Main Document:
Response (NOT Motion)
#7
Jul 17, 2026
TEXT ORDER: This matter is before the Court on Petitioner Abel Alves De Lana's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"). Petitioner is subject to a final order of removal and was most recently detained by immigration authorities on July 9, 2026. Id. 2, 15. Accordingly, his detention is governed by 8 U.S.C. § 1231(a).Section 1231(a) requires detention during the statutory ninety-day removal period. 8 U.S.C. § 1231(a)(1)-(2). Detention beyond that period remains presumptively reasonable for six months. Zadvydas v. Davis, 533 U.S. 678, 701 (2001). To state a claim under Zadvydas, a petitioner must ordinarily show both that his post-removal-order detention has exceeded six months and that there is good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future. Id.Petitioner cannot make that showing. He filed the Petition one day after his present detention began. Even crediting the approximately fifteen days that he was detained following the reinstatement of his removal order in November 2019, his cumulative post-removal-order detention remains well within the six-month period deemed presumptively reasonable under Zadvydas. Nor has Petitioner alleged facts demonstrating that his removal is unlikely in the reasonably foreseeable future. His pending efforts to obtain immigration relief do not, without more, invalidate or stay his final order of removal.Petitioner's remaining claims do not warrant habeas relief. The record reflects that immigration authorities issued an administrative warrant when Petitioner was taken into custody on July 9, 2026. And because Section 1231(a) authorizes his present detention, Petitioner is not entitled to a bond hearing merely because he previously complied with an order of supervision. Accordingly, the Petition, D.E. 1, is DENIED without prejudice to Petitioner filing a new habeas petition should his detention later become unreasonably prolonged or circumstances otherwise materially change. The Clerk of Court is directed to CLOSE this matter. So Ordered by Judge Evelyn Padin on 7/17/2026. (ps) (Entered: 07/17/2026)
Jul 17, 2026
***Civil Case Terminated per 7 TEXT ORDER. (wh)
Jul 17, 2026
Text Order
#8
Jul 19, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#9
Jul 20, 2026
Reconsideration
Main Document:
Reconsideration
Jul 20, 2026
Terminate Civil Case
#10
Jul 22, 2026
Proposed Order
Main Document:
Proposed Order
Jul 22, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Parties
ALVES DE LANA
Party
BLANCHE
Party