District of New Jersey • 2:26-cv-09720

#1

Jul 31, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17741685.), filed by Gustavo OAXACA VARGAS,. (Attachments: # 1 Brief, # 2 Civil Cover Sheet)(MURRAY, DEAN) (Entered: 07/31/2026)

#2

Jul 31, 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 7/31/2026. (jml, ) (Entered: 07/31/2026)

Jul 31, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 31, 2026

Judge Evelyn Padin added. (jml, )

Jul 31, 2026

QC - Duplicate Filings

Jul 31, 2026

Add and Terminate Judges

Jul 31, 2026

CLERK'S QUALITY CONTROL MESSAGE - The Petition for Writ of Habeas Corupus submitted by DEAN PETER MURRAY on 7/31/2026 appears to be a duplicate filing of 2:26-cv-9715. These submissions will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jml, )

#3

Aug 01, 2026

TEXT ORDER: Petitioner Gustavo Oaxaca Vargas 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 within hours of the date of entry of this Order, 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 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).On the same date as this action, Petitioner filed a materially identical petition in Oaxaca Vargas v. Soto, No. 26-9715, which appears to be a re-filing of the Petition in this matter, submitted with an accompanying brief and wrongly filed as an Emergency Motion for Issuance of Letters Rogatory. Case No. 26-9715 shall be consolidated with this case, which shall proceed as the lead case, and the Clerk shall CLOSE case No. 26-9715. The Motion filed in case No. 26-9715, D.E. 1, is DENIED as MOOT. So Ordered by Judge Evelyn Padin on 8/1/2026. (bt) Modified on 8/1/2026 (bt). (Entered: 08/01/2026)

#4

Aug 01, 2026

NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (STEWART, JEWELL) (Entered: 08/01/2026)

#5

Aug 01, 2026

Letter. (STEWART, JEWELL) (Entered: 08/01/2026)

Aug 01, 2026

Text Order AND ~Util - Terminate Motions

#6

Aug 03, 2026

TEXT ORDER: After reviewing Petitioner Gustavo Oaxaca Vargas's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241, D.E. 1 ("Petition"), this Court ordered Respondents to, within 24 hours, either answer the Petition or release Petitioner. D.E. 3 . The Court has reviewed Respondents' status report, which establishes that Petitioner was released in accordance with this Court's Order. D.E. 5 . Accordingly, the Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 8/3/2026. (bt) (Entered: 08/03/2026)

Aug 03, 2026

***Civil Case Terminated. (wh)

Aug 03, 2026

Text Order

Aug 03, 2026

Terminate Civil Case