District of New Jersey • 3:26-cv-09503

TEPEU PEREZ v. SOTO

Active

Case Information

Filed: July 28, 2026
Assigned to: Zahid Nisar Quraishi
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 28, 2026
First PETITION for Writ of Habeas Corpus v., Luis Soto, et al. ( Filing fee $ 5 receipt number ANJDC-17723789.), filed by JULIO ENRIQUE TEPEU PEREZ. (Attachments: # 1 Civil Cover Sheet COVER SHEET)(DUQUE-ISERN, STEPHANIE) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
First MOTION for Temporary Restraining Order v., Luis Soto, et al. by JULIO ENRIQUE TEPEU PEREZ. (DUQUE-ISERN, STEPHANIE) (Entered: 07/28/2026)
Main Document: Temporary Restraining Order
#3
Jul 28, 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 7/28/2026. (gxh) (Entered: 07/28/2026)
Jul 28, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The CIVIL COVER SHEET was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Please email a flattened version to ecfhelp@njd.uscourts.gov for replacement on the docket. (gxh)
Jul 28, 2026
Judge Zahid N. Quraishi added. (gxh)
Jul 28, 2026
QC - Attorney Case Opening
Jul 28, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 28, 2026
Add and Terminate Judges
#4
Jul 29, 2026
TEXT ORDER: The Court having reviewed Petitioner's habeas petition in this matter (ECF No. 1 ), which alleges that Petitioner is unlawfully detained under the Government's current interpretation of 8 U.S.C. § 1225(b)(2), 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(b)(2), they shall file an expedited answer to the Petition within 72 hours of this Order, 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, and to the extent that the Government's detention of Petitioner under § 1225(b)(2) relies on the same statutory interpretation argument this Court has rejected in cases including Valerio v. Joyce, No. 25-17225, 2025 WL 3251445 (D.N.J. Nov. 21, 2025), Hueso v. Soto, No. 26-1455, 2026 WL 539271 (D.N.J. Feb. 26, 2026), and Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192 (D.N.J. Mar. 2, 2026), and accepting Petitioner's allegations as substantially true, the Court holds Petitioner's mandatory detention under Section 1225(b)(2) is unlawful, and the Government is ORDERED to release Petitioner in New Jersey within 72 hours of this order and file a written notice of Petitioner's release within twenty four hours of its occurrence. The Government shall thereafter not re-detain Petitioner under § 1226(a) for a period of at least fourteen 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). The Government shall not transfer Petitioner out of Delaney Hall until this matter concludes. The Government shall further inform the Court of any transfer of Petitioner out of Delaney Hall within twenty-four hours of its occurrence, including those which predate the Court's injunction on transfers. In addition to what is set out above, a declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Court's Order prohibiting Petitioner's transfer from Delaney Hall; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with that Order. The declaration shall be filed on the public docket of the Court on or before 5:00 p.m. on July 29. The declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declaration may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Zahid N. Quraishi on 7/29/2026. (ijf) (Entered: 07/29/2026)
#5
Jul 29, 2026
NOTICE of Appearance by JOHN CROSBY on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID VENTURELLA (Attachments: # 1 Certificate of Service)(CROSBY, JOHN) (Entered: 07/29/2026)
Main Document: Notice of Appearance
#6
Jul 29, 2026
DECLARATION of Deputy Field Office Director re 4 Text Order,,,,,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID VENTURELLA. (CROSBY, JOHN) (Entered: 07/29/2026)
Main Document: Declaration
Jul 29, 2026
Text Order
#7
Jul 30, 2026
Status Report
Main Document: Status Report
Jul 31, 2026
Order of Dismissal

Parties

SOTO
Party
TEPEU PEREZ
Party