District of New Jersey • 2:26-cv-09647

#1

Jul 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17735200.), filed by OSCAR ARMANDO GARCIA MARTIN. (Attachments: # 1 Proposed Order, # 2 Order to Show Cause, # 3 Certificate of Service Certificate of Service, # 4 Civil Cover Sheet JS 44 Civil Cover Sheet, # 5 Exhibit Exhibit A - Detainee Locator, # 6 Exhibit Exhibit B - ACIS, # 7 Exhibit Exhibit C - Maldonado Final Judgment)(PEREZ, JOHN) (Entered: 07/30/2026)

#2

Jul 30, 2026

MOTION for Temporary Restraining Order by OSCAR ARMANDO GARCIA MARTIN. (Attachments: # 1 Proposed TRO)(PEREZ, JOHN) (Entered: 07/30/2026)

#3

Jul 30, 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 7/30/2026. (jml, ) (Entered: 07/30/2026)

Jul 30, 2026

Judge Evelyn Padin added. (jml, )

Jul 30, 2026

Add and Terminate Judges

Jul 30, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 31, 2026

TEXT ORDER: Petitioner Oscar Armando Garcia Martin 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"). Along with his Petition, Petitioner also filed a motion for a temporary restraining order seeking an order enjoining his transfer or removal from outside the District of New Jersey and for his immediate release. D.E. 2 ("TRO Motion"). 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 within 24 hours, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file 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 within 24 hours of this order 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). The TRO Motion, D.E. 2, is DISMISSED as MOOT because the Court has enjoined Petitioner's transfer from New Jersey and ordered an expedited resolution of this matter. So Ordered by Judge Evelyn Padin on 7/31/2026. (bt) (Entered: 07/31/2026)

Jul 31, 2026

Text Order AND ~Util - Terminate Motions

#5

Aug 04, 2026

Notice of Appearance

#6

Aug 04, 2026

Letter

Aug 05, 2026

Text Order