District of New Jersey • 2:26-cv-08950

#1

Jul 17, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17678913.), filed by JESUS BLASQUES CERVANTES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet JS44, # 2 Text of Proposed Order Proposed Order to Show Cause, # 3 Text of Proposed Order Proposed Habeas Order)(SANTANA, JOSE) (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. (jml, ) (Entered: 07/17/2026)

Jul 17, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 17, 2026

Add and Terminate Judges

Jul 17, 2026

Judge Claire C. Cecchi added. (jml, )

#3

Jul 21, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus. ECF No. 1. Petitioner alleges that he is being unlawfully detained under 8 U.S.C. § 1225. See id. at 6 (Prayer for Relief). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within 48 hours of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within 48 hours of entry of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 7/21/2026. (jl, ) (Entered: 07/21/2026)

Jul 21, 2026

Text Order

#4

Jul 23, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (CARRARA, CHRISTIAN) (Entered: 07/23/2026)

#5

Jul 23, 2026

Letter from Respondents Re. Expedited Answer to Petition. (Attachments: # 1 Exhibit A: Notice to Appear, # 2 Exhibit B: July 15, 2026, Form I-213, # 3 Exhibit C: Criminal Documents, # 4 Exhibit D: Warrant for Arrest)(CARRARA, CHRISTIAN) (Entered: 07/23/2026)

#6

Jul 25, 2026

RESPONSE. (SANTANA, JOSE) (Entered: 07/25/2026)

#7

Aug 12, 2026

Letter. (SANTANA, JOSE) (Entered: 08/12/2026)

#8

Aug 13, 2026

TEXT ORDER - The Court previously found that Petitioner is being unlawfully detained under 8 U.S.C. § 1225 and ordered Respondents to release Petitioner or provide an expedited answer within 48 hours. ECF No. 3. Respondents filed an expedited answer in accordance with that Order and provided evidence of two arrests. First, Respondents state that Petitioner was arrested for possession of a controlled substance on November 19, 2006. ECF No. 5 at 2. Respondents state that "[t]his charge resulted in a non-compliance conditional discharge conviction on March 13, 2007." Id. Second, Respondents state that Petitioner was arrested on August 5, 2007, for "public drinking of alcohol in violation of" Paterson City municipal code 113-22, which resulted in a fine. Id. Respondents do not argue that these charges, both of which occurred over 15 years ago, subject Petitioner to mandatory detention under 8 U.S.C. § 1226(c) or make him a danger or flight risk. See generally id. Instead, they contend that the appropriate remedy is ordering a bond hearing. Id. at 3-4. In reply, Petitioner notes that his controlled substance charge "was downgraded to a disorderly persons offense charge and ultimately [resulted in] a fine." ECF No. 6 at 2 (citing ECF No. 5-3, Ex. C). Petitioner also states that he was charged with possession of a controlled substance because "[a]t the time of the stop,... [he] was carrying a large sum of cash." Id. Petitioner further notes that his public drinking charge was "resolved by" his payment of an "$80 fine." Id. He also notes that neither of these incidents resulted in a criminal conviction and that, for the past 19 years, no similar incidents have occurred again. Id. The Court agrees with Petitioner and finds that release is still the appropriate remedy. Accordingly, Respondents are hereby ordered to release Petitioner within 24 hours of entry of this Order and shall file a status report of compliance within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 8/13/2026. (jl, ) (Entered: 08/13/2026)

#9

Aug 13, 2026

Letter from Respondents Re. Petitioner's Release from Custody. (CARRARA, CHRISTIAN) (Entered: 08/13/2026)

Aug 13, 2026

Text Order

#10

Aug 19, 2026

LETTER ORDER directing the Clerk's Office to close this matter in light of Petitioner's release. Signed by Judge Claire C. Cecchi on 8/19/2026. (dam) (Entered: 08/19/2026)