District of New Jersey • 2:26-cv-08916

#1

Jul 17, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17675742.), filed by MIGUEL ANGEL MENDOZA PINO. (Attachments: # 1 Exhibit A: Identity Document, # 2 Exhibit B: Detainer and Court Statuses, # 3 Exhibit C: Bond Request Letter, # 4 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 07/17/2026)

#2

Jul 17, 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 7/17/2026. (ps) (Entered: 07/17/2026)

#3

Jul 17, 2026

TEXT ORDER: Before the Court is Petitioner Miguel A. Mendoza Pino's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Peru, entered the United States in 2022 and was released into the country on his own recognizance. (See generally id.) Petitioner contends that he is unlawfully detained. (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting Petitioner's habeas petition and ordering Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 7/17/26. (Fiore, J) (Entered: 07/17/2026)

Jul 17, 2026

Case Assigned/Reassigned

Jul 17, 2026

Case Assigned to Judge Brian R. Martinotti. (ps)

Jul 17, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 17, 2026

Order

#4

Jul 20, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (LASERNA, JESSICA) (Entered: 07/20/2026)

#5

Jul 20, 2026

RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit A - Form I-213, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Notice of Hearing)(LASERNA, JESSICA) (Entered: 07/20/2026)

#6

Jul 24, 2026

REPLY to Response re 5 Response to Habeas Petition,. (Attachments: # 1 Exhibit A: Title 39 Motor Vehicle Desgination, # 2 Exhibit B: Traffic Violation Citation Information)(SIMBRON, NOEMI) (Entered: 07/24/2026)

#7

Jul 24, 2026

TEXT ORDER: Before the Court is Respondents' expedited answer, arguing that Petitioner is lawfully detained under 8 U.S.C. 1225(b)(2) and informing the Court of Petitioner's undisclosed criminal history. (See ECF No. 5.) Respondents submit that in July 2025, Petitioner was arrested and convicted of driving under the influence of liquor or drugs. (Id. at 1.) Petitioner replied that the matter was a traffic violation and not a criminal matter. (ECF No. 6.) On July 17, 2026, the Court issued a Text Order finding Petitioner could not lawfully be detained under Section 1225(b)(2), because he was arrested in the interior of the country several years after his arrival. (ECF No. 3, citing Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025).) The Court ordered Respondents to release Petitioner or, alternatively, file an expedited answer if Petitioner has an undisclosed criminal history. (See id.) Considering Respondents' expedited answer and Petitioner's undisclosed criminal history, it is ORDERED that Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 07/24/2026. (lr, ) (Entered: 07/24/2026)

Jul 24, 2026

Text Order

#8

Jul 29, 2026

Letter from Petitioner Requesting Extension of Deadline to Schedule Individualized Bond hearing re 7 Text Order,,,,,,,. (Attachments: # 1 Exhibit A: travel itinerary)(SIMBRON, NOEMI) (Entered: 07/29/2026)

#9

Jul 30, 2026

TEXT ORDER: Before the Court is a letter from Petitioner requesting an extension of the deadline scheduling an individualized bond hearing for Petitioner. (ECF No. 8). On June 24, 2026, this Court granted the Petition (ECF No. 1) and ordered that Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a) and to provide Petitioner with a bond hearing "soon as practicable but no later than 7 days from the date of this Order." (ECF No. 7). Now, Petitioner requests a five-day extension of that deadline because counsel is abroad and is unable to appear at the scheduled bond hearing. (ECF No. 8). It is ORDERED that Petitioner's request for a five-day extension of the deadline to schedule Petitioner's bond hearing is GRANTED. It is further ORDERED that the parties shall meet and confer within 48 hours of the entry of this Order to discuss the rescheduling of Petitioner's bond hearing. It is further ORDERED that the parties shall file a status letter with this Court within 24 hours after they meet and confer to update the Court as to the new date of Petitioner's bond hearing. SO Ordered. So Ordered by Judge Brian R. Martinotti on 07/30/2026. (lr, ) (Entered: 07/30/2026)

Jul 30, 2026

Text Order

#10

Aug 01, 2026

Letter from the Parties Regarding the Bond Hearing Rescheduling re 9 Text Order,,,,. (LASERNA, JESSICA) (Entered: 08/01/2026)

#11

Aug 03, 2026

TEXT ORDER: Before the Court is the parties' letter, updating the Court on the status of Petitioner's bond hearing. (ECF No. 9.) On July 24, 2026, the Court granted Petitioner's Petition and ordered Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). (ECF No. 7.) The Court ordered Respondents to provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. (Id.) The parties have met and conferred and request leave of the Court to allow Petitioner to re-file a bond hearing request when Petitioner and his counsel are ready to proceed. (See ECF No. 9.) Accordingly, it is ORDERED that Petitioner's request e to re-file his bond hearing request with the immigration court when he is prepared to proceed is GRANTED. It is further ORDERED that Petitioner may move to reopen in this matter if, following his bond hearing, he seeks to challenge the fundamental fairness of the hearing. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/03/2026. (lr, ) (Entered: 08/03/2026)

Aug 03, 2026

Text Order

Aug 03, 2026

Terminate Civil Case

Aug 03, 2026

***Civil Case Terminated. (wh)

#12

Aug 08, 2026

First MOTION to Quash/Compel/Enforce Order Granting Petition for Habeas Corpus, dated 7/24/26, First MOTION for Order to Show Cause to Show why Petitioner's Release is not Warranted following Perfunctory Bond Hearing by MIGUEL ANGEL MENDOZA PINO. (Attachments: # 1 Exhibit Proof of Open Removal Proceedings case)(SIMBRON, NOEMI) (Entered: 08/08/2026)

#13

Aug 10, 2026

TEXT ORDER: Before the Court is Petitioner's Motion to Enforce (ECF No. 12), alleging he did not receive due process in his Court ordered bond hearing. This Court lacks jurisdiction to review any discretionary determinations underlying the immigration judge's bond decision, but it can review whether the bond hearing was fundamentally unfair. Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022). Accordingly, it is ORDERED Respondents shall file a response to the Motion (ECF No. 12), along with a copy of the bond hearing transcript, within 14 days of the date of this Text Order.. So Ordered by Judge Brian R. Martinotti on 08/10/2026. (lr, ) (Entered: 08/10/2026)

Aug 10, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Aug 10, 2026

Text Order

Aug 10, 2026

Set Deadlines as to 12 First MOTION to Quash/Compel/Enforce Order Granting Petition for Habeas Corpus, dated 7/24/26First MOTION for Order to Show Cause to Show why Petitioner's Release is not Warranted following Perfunctory Bond Hearing. Motion set for 9/8/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (vm)

#14

Aug 24, 2026

Letter

Sep 04, 2026

Text Order

Sep 04, 2026

Terminate Civil Case