District of New Jersey • 2:26-cv-09973

NIETO MARQUEZ v. PEREZ

Completed

Case Information

Filed: August 06, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 03, 2026
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 06, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17768938.), filed by ERIC DHALYN NIETO MARQUEZ. (Attachments: # 1 Exhibit Ex. 1, ICE Form I-860-, # 2 Exhibit Ex. 2, ICE Form I-286-, # 3 Exhibit Ex. 3, ICE Parole-, # 4 Exhibit Ex. 4, USCIS receipt I-589 Biometrics-, # 5 Exhibit Ex. 5, USCIS I-821 Approval Notice-, # 6 Exhibit Ex. 6, USCIS Dismissal of I-589-, # 7 Exhibit Ex. 7, Notice of Credible Fear Interview-, # 8 Civil Cover Sheet Civil Cover Sheet)(GIBBS, STEPHANIE) (Entered: 08/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 06, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. An immigration-court bond hearing shall be conducted on or before August 10 at 11:00am, unless by August 10 at 9:00am, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Y.Z. v. Soto, 812 F. Supp. 3d 459, 461-64 (D.N.J. Dec. 12, 2025); Castillo v. Lyons, 2025 WL 2940990, at *1 (D.N.J. Oct. 10, 2025); and Buestan v. Chu, 2025 WL 2972252, at *1 (D.N.J. Oct. 21, 2025). The Respondents shall file a status update letter on or before August 11 at noon. In addition, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on August 7. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. The United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 8/6/26. (ro, ) (Entered: 08/06/2026)
Aug 06, 2026
Judge Michael E. Farbiarz added. (jml, )
Aug 06, 2026
Add and Terminate Judges
Aug 06, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Aug 07, 2026
DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, RUBEN A. PEREZ, DAVID VENTURELLA. (BASIAK, JOHN) (Entered: 08/07/2026)
Main Document: Declaration
#4
Aug 07, 2026
DECLARATION of U.S. Immigration and Customs Enforcement re 2 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by TODD BLANCHE, MARKWAYNE MULLIN, RUBEN A. PEREZ, DAVID VENTURELLA. (KAPLAN, SARINA) (Entered: 08/07/2026)
Main Document: Declaration
#5
Aug 11, 2026
NOTICE of Appearance by JACOB HERIC on behalf of TODD BLANCHE, MARKWAYNE MULLIN, RUBEN A. PEREZ, DAVID VENTURELLA (HERIC, JACOB) (Entered: 08/11/2026)
Main Document: Notice of Appearance
#6
Aug 11, 2026
STATUS REPORT REGARDING BOND HEARING by TODD BLANCHE, MARKWAYNE MULLIN, RUBEN A. PEREZ, DAVID VENTURELLA. (Attachments: # 1 Exhibit IJ Bond Order)(HERIC, JACOB) (Entered: 08/11/2026)
Main Document: Status Report
#7
Aug 12, 2026
TEXT ORDER: A petition was filed, see ECF 1, a bond hearing was ordered, see ECF 2, and the Petitioner was ordered released from custody. See ECF 6 . Accordingly, it appears that the petition should be dismissed. Any party objecting to this course of action shall file a short letter on or before August 14 at 5:00pm. If no persuasive letter is filed before the deadline, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 8/12/26. (ro, ) (Entered: 08/12/2026)
Aug 12, 2026
Text Order
#8
Aug 14, 2026
Letter from PETITIONER RE: CONDITIONS OF RELEASE. (Attachments: # 1 Exhibit Proof of Bond Payment)(GIBBS, STEPHANIE) (Entered: 08/14/2026)
Main Document: Letter
#9
Aug 16, 2026
TEXT ORDER: The immigration judge who ordered the Petitioner released on bond did not impose any additional restrictions. See ECF 6-1. But, per the Petitioner, the Respondents have imposed additional restrictions. See ECF 8. If that is indeed the case, the Court will order the removal of any supervision obligations not imposed by the immigration judge. See, e.g., Text Order, Popoca Solis v. Soto, No. 26-4241 (D.N.J. May 15, 2026) (ECF 21); Text Order, Gamez Valencia v. Soto, No. 26-2438 (D.N.J. Apr. 13, 2026) (ECF 14); Text Order, Aygun v. Soto, 25-cv-18540 (D.N.J. Apr. 1, 2026) (ECF 23). The Respondents shall file a letter on or before August 17 at 5:00pm indicating whether any added restrictions have been imposed.. So Ordered by Judge Michael E. Farbiarz on 8/16/26. (ro, ) (Entered: 08/16/2026)
Aug 16, 2026
Text Order
#10
Aug 17, 2026
Letter from Respondents in Response to ECF No. 9. (HERIC, JACOB) (Entered: 08/17/2026)
Main Document: Letter
#11
Aug 25, 2026
Letter from Petitioner in Reply re 10 Letter. (GIBBS, STEPHANIE) (Entered: 08/25/2026)
Main Document: Letter
#12
Aug 26, 2026
TEXT ORDER: The Respondents shall promptly cause to be removed the Petitioner's ankle monitor and any other supervision obligations not imposed by the immigration judge. See, e.g., Text Order, Popoca Solis v. Soto, No. 26-4241 (D.N.J. May 15, 2026) (ECF 21); Text Order, Gamez Valencia v. Soto, No. 26-2438 (D.N.J. Apr. 13, 2026) (ECF 14); Text Order, Aygun v. Soto, No. 25-18540 (D.N.J. Apr. 1, 2026) (ECF 23).. So Ordered by Judge Michael E. Farbiarz on 8/26/2026. (ro, ) (Entered: 08/26/2026)
Aug 26, 2026
Text Order
#13
Aug 27, 2026
Letter from Petitioner. (GIBBS, STEPHANIE) (Entered: 08/27/2026)
Main Document: Letter
#14
Sep 03, 2026
TEXT ORDER: The Petition at ECF 1 is dismissed, the injunction at ECF 2 is lifted. The Clerk of Court shall close this case. So Ordered by Judge Michael E. Farbiarz on 9/3/26. (ro, ) (Entered: 09/03/2026)
Sep 03, 2026
Order of Dismissal