District of New Jersey • 3:26-cv-09964

#1

Aug 06, 2026

PETITION for Writ of Habeas Corpus (via ADS), filed by FREDY A CUENCA TOLEDO. (No Filing Fee/IFP Application received) (Attachments: # 1 Civil Cover Sheet)(jr) Modified on 8/6/2026 (jr). (Entered: 08/06/2026)

#2

Aug 06, 2026

MOTION for Temporary Restraining Order by FREDY A CUENCA TOLEDO. (Attachments: # 1 Text of Proposed Order)(jr) (Entered: 08/06/2026)

Aug 06, 2026

Notice of NEF Consent

Aug 06, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, FREDY A CUENCA TOLEDO has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (jr)

#3

Aug 07, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Zahid N. Quraishi on 8/7/2026. (jjc, ) (Entered: 08/07/2026)

#4

Aug 10, 2026

NOTICE of Appearance by KATHERINE FERRARA on behalf of ATTORNEY GENERAL, MARCOS CHARLES, TODD M LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS, WARDEN (FERRARA, KATHERINE) (Entered: 08/10/2026)

#5

Aug 10, 2026

Letter from Respondents. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(FERRARA, KATHERINE) (Entered: 08/10/2026)

#6

Sep 04, 2026

Letter requesting a copy of the Respondent's 5 Letter from FREDY A CUENCA TOLEDO. (dmr3) (Entered: 09/08/2026)

#7

Sep 09, 2026

TEXT ORDER: The Court having considered Petitioner's request to be provided a copy of the Government's letter response in this matter (see ECF No. 6 ), that request is GRANTED. The Government shall serve a copy of its letter upon Petitioner at his current place of detention by 5 p.m. on Friday September 11, 2026. Petitioner may file any reply to that letter by Friday September 17, 2026. So Ordered by Judge Zahid N. Quraishi on 9/9/2026. (kas, ) (Entered: 09/09/2026)

Sep 09, 2026

Text Order

#8

Sep 14, 2026

CERTIFICATE OF SERVICE by ATTORNEY GENERAL, MARCOS CHARLES, TODD M LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS, WARDEN (FERRARA, KATHERINE) (Entered: 09/14/2026)

#9

Sep 28, 2026

Letter from Respondents. (FERRARA, KATHERINE) (Entered: 09/28/2026)

#10

Sep 29, 2026

TEXT ORDER: The Court is in receipt of Respondents' correspondence at ECF No. 9, advising that Petitioner has indicated that he wishes to withdraw his Petition so that he may be removed from the United States. Petitioner shall, by October 6, 2026, file a written statement confirming whether he wishes to withdraw the Petition. So Ordered by Judge Zahid N. Quraishi on September 29, 2026.(kas, ) (Entered: 09/29/2026)

#11

Sep 29, 2026

CERTIFICATE OF SERVICE by ATTORNEY GENERAL, MARCOS CHARLES, TODD M LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS, WARDEN (FERRARA, KATHERINE) (Entered: 09/29/2026)

Sep 29, 2026

Text Order

#12

Oct 26, 2026

TEXT ORDER: The Court, having reviewed the Petition for a Writ of Habeas Corpus, Respondents' submissions, and the record, finds that dismissal without prejudice is appropriate at this time. Respondents represent that Petitioner is subject to a final administrative order of removal issued on August 4, 2026, and that his detention is authorized under 8 U.S.C. § 1231(a)(2) during the 90-day removal period. (ECF No. 5 .) The presumptive six-month period discussed in Zadvydas v. Davis, 533 U.S. 678 (2001), has not elapsed. Although Respondents reported that Petitioner wished to withdraw the Petition to facilitate his removal (ECF No. 9 ), Petitioner did not respond to the Court's September 29, 2026 Order directing him to confirm whether he wished to do so (ECF No. 10 ). Accordingly, the present record does not establish a basis for habeas relief under Zadvydas at this time. IT IS, therefore, on this 26th day of October, 2026, ORDERED that the Petition is DISMISSED WITHOUT PREJUDICE. This dismissal is without prejudice to Petitioner seeking to reopen this matter or filing a new petition for a writ of habeas corpus if his detention continues beyond the presumptive six-month period and he can make the showing required under Zadvydas, or otherwise establish that his continued detention is unlawful. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Zahid N. Quraishi on October 26, 2026(kas, ) (Entered: 10/26/2026)

Oct 26, 2026

Order of Dismissal

#13

Oct 29, 2026

Letter

#15

Nov 02, 2026

Letter

Nov 02, 2026

Text Order

#16

Nov 03, 2026

Certificate of Service

#18

Nov 04, 2026

Letter

Nov 04, 2026

Text Order

Nov 05, 2026

Text Order