District of New Jersey • 1:26-cv-09809

#1

Aug 04, 2026

First PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 ( Filing fee $ 5 receipt number ANJDC-17751545.), filed by OSCAR AGUILAR COREA. (Attachments: # 1 Civil Cover Sheet JS44, # 2 Certification NITA KUNDANMAL CERTIFICATION)(KUNDANMAL, NITA) (Entered: 08/04/2026)

#2

Aug 04, 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 8/4/2026. (gxh) (Entered: 08/04/2026)

#3

Aug 04, 2026

TEXT ORDER Respondents are hereby enjoined from transferring Petitioner from New Jerey pending further Order of the Court.If Respondents determine that Petitioner (1) does NOT have a criminal history, and (2) is NOT subject to a final order of removal, Respondents shall release Petitioner within twenty-four (24) hours of the entry of this Order. If the Petition alleges that Petitioner has no criminal history or does not address Petitioner's criminal history, Petitioner's counsel shall, within twenty-four (24) hours, file a certification that counsel has complied with Federal Rule of Civil Procedure 11(b) and, after a reasonable inquiry, has a good-faith basis for representing that Petitioner does not have a criminal history. If Petitioner is not released and contends that he /she is being denied necessary medical care, prescribed medication, or is otherwise being subjected to unconstitutional conditions of confinement, the parties shall meet and confer within twenty-four (24) hours after entry of this Order. Petitioner's counsel shall initiate the conference. Within twenty-four (24) hours thereafter, the parties shall file a joint status report identifying the issues that remain in dispute and whether any relief can be provided without further Court intervention. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying (1) whether Petitioner has a criminal history, (2) whether Petitioner is subject to a final order of removal, and (3) the statutory authority under which Petitioner continues to be detained. Upon receipt of that letter, the Court will determine whether an expedited scheduling order or other proceedings are necessary. So Ordered by Chief Judge Renee Marie Bumb on 08/04/2026. (Costigan, Roberta) (Entered: 08/04/2026)

#4

Aug 04, 2026

NOTICE of Appearance by NITA KUNDANMAL on behalf of OSCAR AGUILAR COREA (KUNDANMAL, NITA) (Entered: 08/04/2026)

#5

Aug 04, 2026

First MOTION for Temporary Restraining Order Order to Show Cause by OSCAR AGUILAR COREA. (Attachments: # 1 Text of Proposed Order)(KUNDANMAL, NITA) (Entered: 08/04/2026)

#6

Aug 04, 2026

Proposed Order Habeas by OSCAR AGUILAR COREA. (KUNDANMAL, NITA) (Entered: 08/04/2026)

Aug 04, 2026

Order

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 04, 2026

Chief Judge Renee Marie Bumb added. (gxh)

Aug 04, 2026

Add and Terminate Judges

#7

Aug 05, 2026

Letter from Nita Kundanmal on behalf of Oscar Aguilar Corea. (KUNDANMAL, NITA) (Entered: 08/05/2026)

#8

Aug 05, 2026

Certification on behalf of OSCAR AGUILAR COREA Re 3 Order,,,,,,, 7 Letter. (Attachments: # 1 Exhibit Exhibit A Pacer Locator Result, # 2 Exhibit Exhibit B MCCS Results, # 3 Exhibit Exhibit C Promis/Gavel Result)(KUNDANMAL, NITA) (Entered: 08/05/2026)

#9

Aug 07, 2026

Notice of Appearance

#10

Aug 07, 2026

Letter

#11

Aug 12, 2026

Opinion

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Aug 12, 2026

Order

#13

Sep 02, 2026

Letter

#14

Sep 10, 2026

Letter

#15

Oct 15, 2026

TEXT ORDER This matter is before the Court upon the parties' supplemental briefs of Grounds One and Two of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Dkt. No. 1 ("Petition"); Dkt. No. 13 ("Respondents' Suppl. Br."); Dkt No. 14-1 ("Petitioner's Suppl. Br.") In Ground One of the Petition, Petitioner alleges he is not properly detained under 8 U.S.C. § 1231(a)(2) because his 90-day removal period expired on or about June 29, 2007. Petition 16-21, 37-44. In Ground Two of the Petition, Petitioner alleges he is detained under § 1231(a)(6) and is entitled to a custody determination under 8 C.F.R. § 241.4(h) because the 90-day removal period has expired. Petition 45-48.8 U.S.C. 1231(a)(1)(C) provides that a: "removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal subject to an order of removal." As to Ground One, Respondents argue § 1231(a)(1)(C), is applicable to Petitioner. Respondents point to Petitioner's failure to make timely application for any documents necessary for his departure after the removal order was entered in absentia on March 1, 2007. Respondents' Suppl. Br. at 1; Dkt. No. 13-1 at 2 ("Form I-213"). Petitioner submits that he is instead detained under § 1231(a)(6), and the 90-day removal period has ended. Petitioner's Suppl. Br. at 1-2. Petitioner has the better argument. Petitioner is not a noncitizen under § 1231(a)(1)(C) who "may remain in detention" beyond a 90-day period beginning when his removal order became final in March 2007, because Petitioner was not detained until July 30, 2026. Dkt. No. 10-4 ("Warrant of Removal"). Indeed, the parties do not dispute that Petitioner is detained under § 1231(a)(6). Respondents' Suppl. Br. at 2; Petitioner's Suppl. Br. at 2.As to Ground Two of the Petition, Respondents submit 8 C.F.R. § 241.4 is applicable to Petitioner because he is unlikely to comply with the removal order absent continued detention. Respondents' Suppl. Br. at 2. But, as Petitioner points out, Respondents failed to establish that immigration authorities provided the custody determination required by 8 C.F.R. § 241.4(h). Petitioner's Suppl. Br. at 4 (citing Johnson v. Arteaga-Martinez, 596 U.S. 577, n.1 (2022) (noting the Government continued to detain the petitioner under § 1231(a)(6) and denied release without interviewing him or providing a hearing under 8 C.F.R. § 241.4(h)(1)).IT IS therefore ORDERED that Petitioner shall be provided the custody review procedures under 8 C.F.R. § 241.4(h) within fourteen (14) days of this Order. Within three days of the outcome of Petitioner's custody review, Respondents shall file a status report. So Ordered by Chief Judge Renee Marie Bumb on 10/15/2026. (Costigan, Roberta) (Entered: 10/15/2026)

Oct 15, 2026

Order

#16

Oct 30, 2026

Letter

#17

Nov 03, 2026

Letter

Nov 05, 2026

Order