District of New Jersey • 2:26-cv-09572

VIRGEN RAMIREZ v. BENZEL

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Case Information

Filed: July 29, 2026
Assigned to: Katharine Sweeney Hayden
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 16, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 29, 2026
First PETITION for Writ of Habeas Corpus V BENZEL ET AL. ( Filing fee $ 5 receipt number ANJDC-17729741.), filed by ADAN VIRGEN RAMIREZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 07/29/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 29, 2026
First MOTION for Temporary Restraining Order V BENZEL ET AL. by ADAN VIRGEN RAMIREZ. (DUQUE-ISERN, STEPHANIE) (Entered: 07/29/2026)
Main Document: Temporary Restraining Order
#3
Jul 29, 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 7/29/2026. (jml, ) (Entered: 07/29/2026)
Jul 29, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 29, 2026
Judge Katharine S. Hayden added. (jml, )
Jul 29, 2026
Add and Terminate Judges
#4
Jul 30, 2026
TEXT ORDER: Petitioner Adan Virgen Ramirez is a citizen of Mexico who has been in the United States for twenty years. (ECF No. 1, Petition at 1.) He alleges that he was arrested on July 25, 2026, and unlawfully detained by Immigration and Customs Enforcement ("ICE") without a bond hearing. (Id. at 4-15.) Respondents shall electronically file a full and complete answer to the Petition, which responds to all factual and legal allegations of the Petition, and identifies the statutory basis for Petitioner's detention, within seven (7) days. Petitioner filed an emergency motion for a temporary restraining order and preliminary injunction, ECF No. 2 ("TRO Motion") seeking to enjoin his transfer outside New Jersey while this proceeding is pending and for an expedited resolution of this matter. The Text Order at ECF No. 3, which temporarily enjoins Respondents from transferring Petitioner from this District, shall REMAIN IN EFFECT while this matter is pending. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, the Motion for TRO, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/30/26. (cm, ) (Entered: 07/30/2026)
Jul 30, 2026
Order
#5
Aug 06, 2026
NOTICE of Appearance by TASHA MARIE BRADT on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, DAVID VENTURELLA (BRADT, TASHA) (Entered: 08/06/2026)
Main Document: Notice of Appearance
#6
Aug 06, 2026
RESPONSE re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit A (I-213), # 2 Exhibit B (NTA))(BRADT, TASHA) (Entered: 08/06/2026)
Main Document: Response (NOT Motion)
#7
Aug 07, 2026
Letter from Petitioner replying to Respondent's Answer to § 2241 Petition re 6 Response (NOT Motion). (DUQUE-ISERN, STEPHANIE) (Entered: 08/07/2026)
Main Document: Letter
#8
Aug 09, 2026
TEXT ORDER: Petitioner Adan Virgen Ramirez is a citizen of Mexico who entered the United States without inspection or parole and alleges that is unlawfully detained by Immigration and Customs Enforcement ("ICE") under 8 U.S.C. § 1225(b)(2) without a bond hearing. (ECF No. 1, Petition at 4, 10-14.) Respondents acknowledge that pursuant to this Court's prior decision in Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States. (ECF No. 6, Answer at 1, n.1.) Respondents, however, submit that if the Court finds Petitioner is subject to discretionary detention under 8 U.S.C. 1226(a), the appropriate relief is a bond hearing because Petitioner faces a present charge of aggravated assault, a factor for an Immigration Judge to determine Petitioner's dangerousness if released. (Answer at 2-3.) In reply, Petitioner contends his pending charge is not a conviction and he otherwise has no criminal history, therefore, his release is the appropriate remedy. (ECF No. 7, Reply at 3-5.) The Court finds a bond hearing is the appropriate remedy here. See Boumediene v. Bush, 553 U.S. 723, 813 (2008) ("habeas is, as the majority acknowledges, a flexible remedy rather than a substantive right.") It is ORDERED that Respondents shall provide Petitioner with a bond hearing in compliance with Section 1226(a) within seven (7) days of this Order. Respondents shall confirm the bond hearing in writing on the docket within three (3) days of the bond hearing. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until further order of the Court. So Ordered by Judge Katharine S. Hayden on 8/9/26. (cm, ) (Entered: 08/09/2026)
Aug 09, 2026
Order
#9
Aug 20, 2026
Letter from U.S. Attorney's Office re: Petitioner's Bond Hearing re 8 Order,,,,,,,. (Attachments: # 1 Exhibit A (Order of Immigration Judge))(BRADT, TASHA) (Entered: 08/20/2026)
Main Document: Letter
#10
Oct 16, 2026
TEXT ORDER: Respondents' letter confirms that Petitioner Adan Virgen Ramirez was provided with an individualized bond hearing on August 14, 2026, pursuant to this Court's Order (ECF No. 8), and bond was denied. (ECF Nos. 9, 9-1.) As Petitioner has received all the relief ordered by this Court, this matter shall be marked CLOSED. The Court's Order enjoining Respondents from transferring Petitioner is LIFTED. So Ordered by Judge Katharine S. Hayden on 10/16/26. (cm, ) (Entered: 10/16/2026)
Oct 16, 2026
Terminate Civil Case
Oct 16, 2026
Order