District of New Jersey • 2:26-cv-09382

#1

Jul 25, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17710711.), filed by MOISES ANTONIO BAIRES DIAZ. (Attachments: # 1 Civil Cover Sheet JS044 CIVIL COVER SHEET, # 2 Text of Proposed Order ORDER TO SHOW CAUSE, # 3 Text of Proposed Order HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/25/2026)

#2

Jul 25, 2026

Proposed Order HABEAS ORDER by MOISES ANTONIO BAIRES DIAZ. (Attachments: # 1 Text of Proposed Order ORDER TO SHOW)(SANTANA, JOSE) (Entered: 07/25/2026)

#3

Jul 25, 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 7/25/2026. (jml, ) (Entered: 07/25/2026)

Jul 25, 2026

Judge Evelyn Padin added. (jml, )

Jul 25, 2026

Add and Terminate Judges

Jul 25, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 27, 2026

TEXT ORDER: Petitioner Moises Antonio Baires Diaz filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition by 5:00 p.m. on July 27, 2026, and Petitioner may file a reply within 48 hours of the time of filing of Respondents' expedited answer.If Respondents do not file an expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner by 12:00 p.m. on July 28, 2026, and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 7/27/2026. (bt) (Entered: 07/27/2026)

#5

Jul 27, 2026

Notice of Appearance

#6

Jul 27, 2026

Letter

Jul 27, 2026

Text Order

Jul 31, 2026

Text Order

Aug 03, 2026

Terminate Civil Case