Active
Case Information
Filed: July 12, 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
Active
Last Activity:
September 21, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 12, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17649295.), filed by JUAN CARLOS TACAM TUMAX. (Attachments: # 1 Exhibit ICE Locator Showing Custody at Delaney Hall, # 2 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 07/12/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 12, 2026
Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction and Other Relief by JUAN CARLOS TACAM TUMAX. (KAPITONOV, PETER) (Entered: 07/12/2026)
Main Document:
Temporary Restraining Order
#3
Jul 12, 2026
Exhibit to 1 Petition for Writ of Habeas Corpus, by JUAN CARLOS TACAM TUMAX. (Attachments: # 1 Decision Melgar-Melgar Decided June 10, 2026, # 2 Cartagena Decision, # 3 Menjivar Decision, # 4 Maldonado Decision NJ, # 5 Souza Ferreira Decision NJ, # 6 Flores Decision)(KAPITONOV, PETER) (Entered: 07/12/2026)
Main Document:
Exhibit (to Document)
Jul 12, 2026
Judge Michael E. Farbiarz added. (jml, )
Jul 12, 2026
Add and Terminate Judges
#4
Jul 13, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or the United States. It appears that the Petitioner was ordered removed in absentia on November 20, 2013. See Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 ("Petition") (ECF 1) 11, 89. The 90-day removal period envisioned by Section 1231 began that same day. See 8 U.S.C. § 1231(a)(1)(B); 8 C.F.R. § 1241.1. But, per the petition, the Petitioner was not detained during that 90-day period. See Petition 2. If that is correct, he cannot now be detained under Section 1231(a)(6). See De Aguiar v. Rokosky, 2026 WL 1123571, at *1 (D.N.J. Apr. 17, 2026) ("Section 1231(a)(6) provides for further detention of aliens who are already detained during the mandatory 90-day detention period.") (cleaned up); see also Text Order, Amaya-Ramirez v. Soto, No. 26-8007 (D.N.J. July 8, 2026) (ECF 9). Which in turn means that he must be detained under Section 1226(a) and is therefore entitled to a bond hearing. DeAguiar, 2026 WL 1123571, at *2. Accordingly, a bond hearing shall be conducted on or before July 14 at 4:00pm, unless the Respondents file a letter persuasively arguing otherwise on or before July 14 at 11:00am. 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 1:00pm on July 13. 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 7/13/2026. (ro, ) (Entered: 07/13/2026)
#5
Jul 13, 2026
DECLARATION of Gabriel Hoke re 4 Emergent Immigration Habeas Non-transfer Order,,,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA. (MAHONEY, MARGARET) (Entered: 07/13/2026)
Main Document:
Declaration
#6
Jul 13, 2026
DECLARATION of Civil Chief re 4 Emergent Immigration Habeas Non-transfer Order,,,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA. (BASIAK, JOHN) (Entered: 07/13/2026)
Main Document:
Declaration
#7
Jul 13, 2026
NOTICE of Appearance by MARGARET ANN MAHONEY on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA (MAHONEY, MARGARET) (Entered: 07/13/2026)
Main Document:
Notice of Appearance
#8
Jul 13, 2026
NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN T. TSOUKARIS, DAVID J. VENTURELLA (CARRARA, CHRISTIAN) (Entered: 07/13/2026)
Main Document:
Notice of Appearance
Jul 13, 2026
Emergent Immigration Habeas Non-transfer Order
#9
Jul 15, 2026
TEXT ORDER: The Respondents shall file a status update letter today. So Ordered by Judge Michael E. Farbiarz on 7/15/26. (ro, ) (Entered: 07/15/2026)
#10
Jul 15, 2026
Letter from Respondents Re. Petitioner's Bond Hearing. (Attachments: # 1 Exhibit Notice of July 14, 2026 Custody Redetermination Hearing, # 2 Exhibit Notice of July 21, 2026 Custody Redetermination Hearing)(CARRARA, CHRISTIAN) (Entered: 07/15/2026)
Main Document:
Letter
Jul 15, 2026
Text Order
#11
Jul 16, 2026
LETTER ORDER that Respondents shall provide another status update to the Court following the 7/21/2026 hearing. Signed by Judge Michael E. Farbiarz on 7/16/2026. (sm) (Entered: 07/16/2026)
#12
Jul 21, 2026
Letter from Respondents Re. Petitioner's Bond Hearing. (Attachments: # 1 Exhibit July 21, 2026, Order)(CARRARA, CHRISTIAN) (Entered: 07/21/2026)
Main Document:
Letter
#13
Jul 22, 2026
TEXT ORDER: The Court has adjudicated the Petitioner's claims that relate to whether the Respondents could lawfully detain him under 8 U.S.C. § 1231. See Verified Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 (ECF 1) 161-189. If the Petitioner wants the Court to adjudicate any of the other claims pressed in the petition, he shall file a short letter on or before July 28 at 5:00pm. If no letter is filed before the deadline, the case will be promptly closed. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)
Jul 22, 2026
Text Order
#14
Jul 27, 2026
Letter from Petitioner's Counsel. (KAPITONOV, PETER) (Entered: 07/27/2026)
Main Document:
Letter
Sep 18, 2026
Text Order
#16
Sep 21, 2026
Letter
Main Document:
Letter
Parties
SOTO
Party
TACAM TUMAX
Party