District of New Jersey • 2:26-cv-08745
NEVES MAZUELOS v. ACTING FIELD OFFICE DIRECTOR
Active
Case Information
Filed: July 15, 2026
Assigned to:
Esther Salas
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 28, 2026
Docket Entries
#1
Jul 15, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by CRISTIAN ENRIQUE NEVES MAZUELOS. (Attachments: # 1 Envelope)(mk) (Entered: 07/15/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 15, 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 7/15/2026. (mk) (Entered: 07/15/2026)
Jul 15, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 15, 2026
Filing fee: $ 5, receipt number 54579 (mfr)
Jul 16, 2026
Filing Fee Received
#3
Jul 17, 2026
TEXT ORDER : This matter is before the Court on the pro se 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 ). Petitioner, a native and citizen of Peru, alleges that he "arrived at the US border in 2023 seeking refuge" and was subsequently released on his own recognizance. (Pet. Para. 11). Petitioner has resided in the United States since his entry, providing for his family. (Id. Para. 12). According to the Petition, "[t]he petitioner has one arrest but no convictions as he was the victim of a violent assault." (Id.). On an unspecified date, U.S. Immigration and Customs Enforcement arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 13-14). 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. 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 immigration judge 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 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. 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 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov, and shall send a copy of this Text Order to Petitioner by regular U.S. Mail. (N/M). So Ordered by Judge Esther Salas on 7/17/2026. (ek) (Entered: 07/17/2026)
Jul 17, 2026
Text Order
#4
Jul 20, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#5
Jul 28, 2026
Letter
Main Document:
Letter