District of New Jersey • 2:26-cv-08743

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17663720.), filed by MELITON MELGAREJO-VEGA. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 07/15/2026)

#2

Jul 15, 2026

TEXT ORDER: The Petitioner shall not be removed from the United States. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). In addition, 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 noon on July 16. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this district. 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. The United States Attorney's Office shall also immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. The Respondents shall also file a letter explaining the factual and legal basis for the Petitioner's detention, and responding to the Petitioner's pleading at ECF 1 on or before July 17 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 7/15/26. (ro, ) (Entered: 07/15/2026)

#3

Jul 15, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, RANDI BORGEN, MARKWAYNE MULLIN, DAVID VENTURELLA (KAPLAN, SARINA) (Entered: 07/15/2026)

#4

Jul 15, 2026

DECLARATION of U.S. Immigration & Customs Enforcement re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,, by TODD BLANCHE, RANDI BORGEN, MARKWAYNE MULLIN, DAVID VENTURELLA. (KAPLAN, SARINA) (Entered: 07/15/2026)

#5

Jul 15, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,, by TODD BLANCHE, RANDI BORGEN, MARKWAYNE MULLIN, DAVID VENTURELLA. (BASIAK, JOHN) (Entered: 07/15/2026)

#6

Jul 15, 2026

Substitution of Attorney - Attorney SARINA KAPLAN terminated. Attorney JESSICA LASERNA for TODD BLANCHE,JESSICA LASERNA for RANDI BORGEN,JESSICA LASERNA for MARKWAYNE MULLIN,JESSICA LASERNA for DAVID VENTURELLA added.. (LASERNA, JESSICA) (Entered: 07/15/2026)

Jul 15, 2026

Case Assigned/Reassigned

Jul 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 15, 2026

Case Assigned to Judge Michael E. Farbiarz. (mfr)

#7

Jul 16, 2026

Response to Habeas Petition

#8

Jul 21, 2026

TEXT ORDER: The Respondents have argued 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." And 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); Rodriguez-Acurio v. Almodovar, 811 F. Supp. 3d 274, 295-308 (E.D.N.Y. 2025); see also Rodriguez v. Rokosky, 2025 WL 3485628, at *2 (D.N.J. Dec. 3, 2025) (collecting cases holding similarly); Sidqui v. Almodovar, 823 F. Supp. 3d 364, 383-85 (S.D.N.Y. 2026) (same). The Petitioner arrived in the United States in 2023, and was subsequently released into the United States on humanitarian parole under 8 U.S.C. § 1182(d)(5)(A). See ECF 7 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)." 07/15/2026 Text Order, Herta v. Soto, Case No. 2:26-cv-8325, ECF 10 (July 15, 2026). Accordingly, a bond hearing shall be conducted on or before July 22 at 10:00am unless, by July 21 at 3:00pm, 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 22 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 7/21/26. (ro, ) (Entered: 07/21/2026)

#9

Jul 21, 2026

Letter

Jul 21, 2026

Text Order

#10

Jul 22, 2026

TEXT ORDER: The Respondents shall file a status update on or before July 23 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)

#11

Jul 22, 2026

Letter

#12

Jul 22, 2026

TEXT ORDER: A petition was filed, see ECF 1, a bond hearing was ordered, see ECF 8, and it was conducted. See ECF 11 . Accordingly, the Court has adjudicated the Petitioner's claim that he cannot be lawfully detained under § 1225(b)(1). If the Petitioner seeks additional relief, he shall file a short letter on or before July 27 at 5:00pm. If no letter is received before the deadline, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)

Jul 22, 2026

Text Order

#13

Jul 27, 2026

Letter

#14

Jul 27, 2026

TEXT ORDER: The request for immediate release at ECF 13 is denied. This Court lacks statutory authority to review the immigration judge's conclusion that the Petitioner is a flight risk. See Ghanem v. Warden Essex Cnty. Corr. Facility, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (noting that federal courts "lack jurisdiction to review any discretionary determinations underlying [an immigration judge's] bond decision"); 8 U.S.C. § 1226(e). To the extent the Petitioner is arguing that the bond hearing was fundamentally unfair, he has not carried his burden --- as he has not provided the Court with a copy of the transcript of his bond hearing. Should the Petitioner wish to renew his request for relief based on a transcript he may provide one. If he wishes to pursue that course, the Petitioner shall file a short letter on or before July 29 at noon saying whether he will do so. If no, this matter will be promptly dismissed. If yes, the Court will review the transcript when it is provided. So Ordered by Judge Michael E. Farbiarz on 7/27/2026. (ps) (Entered: 07/27/2026)

Jul 27, 2026

Text Order

#15

Jul 30, 2026

TEXT ORDER: The Petitioner did not file a short letter indicating that he will renew his request for relief based on a transcript of the bond hearing on or before July 29 at noon. Therefore, 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 7/30/2026. (wh) (Entered: 07/30/2026)

Jul 30, 2026

Order of Dismissal