District of New Jersey • 2:26-cv-08941

ARCE HERNANDEZ v. ACTING FIELD DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

Active

Case Information

Filed: July 20, 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: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 20, 2026
PETITION for Writ of Habeas Corpus, filed by WALTER JAVIER ARCE HERNANDEZ. (Attachments: # 1 Exhibit, # 2 Envelope) (ps) (Entered: 07/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 21, 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 5:00pm on July 21. 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 22. So Ordered by Judge Michael E. Farbiarz on 7/21/26. (ro, ) (Entered: 07/21/2026)
#3
Jul 21, 2026
DECLARATION of Acting Deputy Field Office Director Marlene Belluardo by ACTING FIELD DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, TODD LYONS, SECRETARY OF THE U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (DOYNE, BROOKS) (Entered: 07/21/2026)
Main Document: Declaration
#4
Jul 21, 2026
Declaration
Main Document: Declaration
#5
Jul 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
Jul 21, 2026
Emergent Immigration Habeas Non-transfer Order
#6
Jul 22, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#7
Jul 22, 2026
TEXT ORDER: The Respondents argue that the Petitioner is subject to mandatory detention without bond under 8 U.S.C. § 1225(b)(2). The undersigned has consistently rejected this argument. See Y.Z. v. Soto, 812 F. Supp. 3d 459, 461-64 (D.N.J. Dec. 12, 2025); see also Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025); Buestan v. Chu, 2025 WL 2972252, at *1 (D.N.J. Oct. 21, 2025). Accordingly, a bond hearing shall take place on or before July 24 at 5:00pm, unless the Respondents file a letter indicating that the Petitioner has asked to adjourn the bond hearing on or before July 24 at 9:00am. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)
Jul 22, 2026
Text Order
#8
Jul 27, 2026
Letter
Main Document: Letter
#9
Jul 27, 2026
TEXT ORDER: The request to close the case and lift the injunction at ECF 2 is denied. The Respondents shall file a status update letter on or before August 3 at noon. So Ordered by Judge Michael E. Farbiarz on 7/27/2026. (ps) (Entered: 07/27/2026)
Jul 27, 2026
Text Order
#10
Jul 31, 2026
Letter
Main Document: Letter

Parties

ACTING FIELD DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Party
ARCE HERNANDEZ
Party