District of New Jersey • 1:26-cv-09374

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17710095.), filed by Avilio Bersain Lopez Navarro. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ice Locator, # 3 Exhibit EOIR, # 4 Exhibit Birth Certificate)(CARDENAS, VERONICA) (Entered: 07/24/2026)

#2

Jul 24, 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 7/24/2026. (jml, ) (Entered: 07/24/2026)

Jul 24, 2026

Judge Karen M. Williams added. (jml, )

Jul 24, 2026

Add and Terminate Judges

Jul 24, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 27, 2026

TEXT ORDER - : The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Avilio Bersain Lopez Navarro ("Petitioner") who is presently detained at Delaney Hall Detention Facility. (ECF No. 1.) Petitioner is a native and citizen of Guatemala who alleges that he entered the United States without inspection in approximately 2010, at the age of fourteen, and has resided here since that time. Petitioner alleges that he was arrested by ICE on July 22, 2026, outside his residence in White Plains, New York, and transferred to Delaney Hall Detention Facility in Newark, New Jersey, where he remains detained. He contends that ICE has classified him as an applicant for admission subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A), despite his long-term residence in the interior of the United States. Petitioner further alleges that he is currently in removal proceedings before the Immigration Court in Elizabeth, New Jersey, that he has no available administrative avenue to seek a custody redetermination because Immigration Judges purportedly lack jurisdiction over his custody determination, and that his continued detention is therefore unlawful. Petitioner contends that his continued detention violates the Immigration and Nationality Act, the Administrative Procedure Act, the Suspension Clause, and the Due Process Clause of the Fifth Amendment. (Id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before July 31, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of the entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 27, 2026. (Williams, Karen) (Entered: 07/27/2026)

Jul 27, 2026

Text Order

#4

Jul 29, 2026

NOTICE of Appearance by JOSHUA MICHAEL CARMEL on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (CARMEL, JOSHUA) (Entered: 07/29/2026)

#5

Jul 31, 2026

RESPONSE TO ORDER TO SHOW CAUSE by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit 1- July 30, 2026, Notice of Bond Hearing, # 2 Exhibit 2 - July 22, 2026, Form I-213, # 3 Exhibit 3 - July 22, 2026, Form I-200, # 4 Exhibit 4 - July 22, 2026, INA 236(a) Initial Custody Determination, # 5 Exhibit 5 - July 22, 2026, Form I-286, # 6 Exhibit 6 - July 22, 2026, Notice to Appear)(CARMEL, JOSHUA) (Entered: 07/31/2026)

#6

Aug 04, 2026

Letter from Petitioner re: Respondents' Response to Order to Show Cause (ECF No. 5). (Attachments: # 1 Exhibit IJ order - Bond denial)(CARDENAS, VERONICA) (Entered: 08/04/2026)

#7

Aug 05, 2026

Letter from Respondents re: Status of Petitioner's Bond Hearing Before an Immigration Judge. (Attachments: # 1 Exhibit 1 - August 4, 2026, Order of the Immigration Judge, # 2 Exhibit 2 - August 4, 2026, DHS Motion to Reconsider)(CARMEL, JOSHUA) (Entered: 08/05/2026)

#8

Aug 17, 2026

Letter from Respondents re: DHS's Motion for Reconsideration. (Attachments: # 1 Exhibit August 14, 2026, Order of the Immigration Judge)(CARMEL, JOSHUA) (Entered: 08/17/2026)

#9

Aug 17, 2026

Letter from Petitioner Regarding Denial of Respondents' Motion to Reconsider. (CARDENAS, VERONICA) (Entered: 08/17/2026)

#10

Aug 21, 2026

TEXT ORDER - : The Court has reviewed Respondents' submissions (ECF Nos. 5, 7, and 8) and Petitioner's response (ECF No. 9). Respondents contend that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), rather than § 1225(b), and maintain that Petitioner is entitled to an individualized custody redetermination hearing. The present record further reflects, however, that the Immigration Judge denied Petitioner's request for a bond hearing for lack of jurisdiction and subsequently denied Respondents' motion for reconsideration. Thus, despite Respondents' repeated representations that a bond hearing is the appropriate remedy, Petitioner remains detained without any tribunal having exercised jurisdiction to conduct the custody determination Respondents contend the statute affords. The Court concludes that continued detention cannot be predicated upon the availability of a bond hearing that, on the present record, has not materialized. Accordingly, it is ORDERED that, within seven (7) days of the entry of this Order, Respondents shall provide Petitioner with an individualized custody redetermination hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). If Respondents fail to provide such a hearing within seven (7) days, Respondents shall immediately release Petitioner from custody under the same conditions that existed prior to his detention. Within three (3) days of the date of this Order, Respondents shall file a status letter advising the Court of their compliance with this Order and attaching any custody determination entered by the Immigration Judge or other adjudicating authority. So Ordered by Judge Karen M. Williams on August 21, 2026. (Williams, Karen) (Entered: 08/21/2026)

Aug 21, 2026

Text Order

#11

Aug 24, 2026

Letter from Respondents re: Petitioner's New Bond Hearing re 10 Text Order,,,,,,. (Attachments: # 1 Exhibit 1 - August 24, 2026, Notice of Bond Hearing)(CARMEL, JOSHUA) (Entered: 08/24/2026)

#12

Aug 28, 2026

Letter from Respondents re: Petitioner's Release On Bond. (Attachments: # 1 Exhibit 1 - August 27, 2026, Order of the Immigration Court)(CARMEL, JOSHUA) (Entered: 08/28/2026)

#13

Sep 11, 2026

TEXT ORDER - The Court has reviewed Respondents' August 28, 2026 letter advising of the outcome of Petitioner's bond hearing (ECF No. 12) and the Order of the Immigration Judge (ECF No. 12-1). The Court's August 21, 2026 Order directed Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a). (ECF No. 10.) The Court is satisfied that Respondents have complied with that Order. In light of Respondents' compliance with the Court's August 21, 2026 Order, no live controversy remains for adjudication. Accordingly, the Clerk of Court is directed to CLOSE this case. So Ordered by Judge Karen M. Williams on September 11, 2026. (Williams, Karen) (Entered: 09/11/2026)

Sep 11, 2026

Text Order

Sep 14, 2026

Terminate Civil Case

Sep 14, 2026

***Civil Case Terminated. (nar)