District of New Jersey • 2:26-cv-09816

#1

Aug 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17753122.), filed by JOSE EDUARDO SINCHI SINCHI. (Attachments: # 1 Civil Cover Sheet Civil cover sheet)(ALTMAN, STUART) (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. (ijf) (Entered: 08/04/2026)

#3

Aug 04, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN (KAPLAN, SARINA) (Entered: 08/04/2026)

#4

Aug 04, 2026

Letter from U.S. Attorney's Office re Petitioner's Location re 3 Notice of Appearance. (Attachments: # 1 Exhibit Ex 1 - Notice to EOIR)(KAPLAN, SARINA) (Entered: 08/04/2026)

#5

Aug 04, 2026

TEXT ORDER: Petitioner Jose Eduardo Sinchi-Sinchi filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging that he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). It is ORDERED that Petitioner's counsel shall, within 24 hours of the date of entry of this Order, file a certification stating that counsel conducted a reasonable inquiry consistent with Federal Rule of Civil Procedure 11(b) into Petitioner's criminal history and that, if true, to the best of counsel's knowledge, information, and belief, Petitioner has no criminal history. If Respondents contest Petitioner's factual allegations, contend that Petitioner has a criminal history, or assert that this matter is distinguishable from the cases in this District previously addressing § 1225, Respondents shall file an expedited answer to the Petition within 24 hours of the date of entry of this Order. Petitioner may file a reply within 48 hours of the date of filing of Respondents' expedited answer. If Petitioner's counsel timely files the required certification and Respondents do not timely file an expedited answer, then, 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)), and Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), the Court, accepting Petitioner's allegations as true, holds that Petitioner's mandatory detention under § 1225(b) is unlawful and violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. Accordingly, if Petitioner's counsel timely files the required certification and Respondents do not timely file an expedited answer, Respondents shall release Petitioner within 24 hours after the deadline for filing the expedited answer. Respondents shall file written notice of Petitioner's release within 3 days of his release. 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) (Entered: 08/04/2026)

#6

Aug 04, 2026

Certification on behalf of JOSE EDUARDO SINCHI SINCHI. (ALTMAN, STUART) (Entered: 08/04/2026)

Aug 04, 2026

Docket Annotation (public)

Aug 04, 2026

ATTENTION PARTIES: This matter has been reassigned to 2:26-cv-9816. (ijf)

Aug 04, 2026

Judge Evelyn Padin added. (ijf)

Aug 04, 2026

Text Order

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

#7

Aug 05, 2026

NOTICE of Appearance by JOHN CROSBY on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN (CROSBY, JOHN) (Entered: 08/05/2026)