District of New Jersey • 2:26-cv-10427
VILLA MONTERO v. WARDEN OF DELANEY HALL DETENTION FACILITY
Active
Case Information
Filed: August 15, 2026
Assigned to:
Claire Claudia Cecchi
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 15, 2026
PETITION for Writ of Habeas Corpus, filed by LEONARDO ALBERT VILLA MONTERO. (Received via ADS)(wh) (Entered: 08/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
Aug 15, 2026
Pro Se Consent to Electronically Receive NEFs. By using ADS, LEONARDO ALBERT VILLA MONTERO 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. (wh)
#2
Aug 17, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Claire C. Cecchi on 8/17/2026. N/M (wh) (Entered: 08/17/2026)
Main Document:
Emergent Immigration Habeas Non-transfer Order
Aug 17, 2026
Filing fee: $ 5, receipt number TRE150565 (kht)
Aug 17, 2026
Notice of NEF Consent
Aug 17, 2026
Filing Fee Received
#3
Aug 19, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of WARDEN OF DELANEY HALL DETENTION FACILITY (STRATIGEAS, CHRISTOPHER) (Entered: 08/19/2026)
Main Document:
Notice of Appearance
#4
Aug 19, 2026
Letter from Respondents re: Petitioner's Criminal History re 2 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit A - Criminal History Report)(STRATIGEAS, CHRISTOPHER)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 08/19/2026)
Main Document:
Letter
#5
Aug 20, 2026
TEXT ORDER - Before the Court is Petitioner Leonardo Albert Villa Montero's pro se petition for writ of habeas corpus pursuant to 8 U.S.C. § 2241 in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. ECF No. 1 6, 13-16. This Court previously ordered Respondents to release Petitioner or provide information regarding his criminal history. ECF No. 2. Respondents have filed a letter indicating that Petitioner was arrested on August 10, 2026, for simple assault arising out of a domestic violence incident. See ECF No. 4. Respondents also state that Petitioner is detained pursuant to 8 U.S.C. § 1225. Id. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community in accordance with 8 C.F.R. 236.1(c)(8) and (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Claire C. Cecchi on 8/20/2026. (jl, ) (Entered: 08/20/2026)
Aug 20, 2026
Text Order
#6
Aug 29, 2026
Letter from Respondents re: Petitioner's Hearing Before the Immigration Judge re 5 Text Order,,,,,,,. (Attachments: # 1 Exhibit A - August 27, 2026 Order of the Immigration Judge)(STRATIGEAS, CHRISTOPHER) (Entered: 08/29/2026)
Main Document:
Letter
#7
Sep 02, 2026
MOTION to Seal by WARDEN OF DELANEY HALL DETENTION FACILITY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of Service)(STRATIGEAS, CHRISTOPHER) (Entered: 09/02/2026)
Main Document:
Seal
Sep 02, 2026
Set Deadlines as to 7 MOTION to Seal . Motion set for 10/5/2026 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)
Sep 02, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#8
Sep 03, 2026
ORDER granting 7 Motion to Seal. Signed by Judge Claire C. Cecchi on 9/3/2026. (kht) (Entered: 09/03/2026)
Main Document:
Order on Motion to Seal
Parties
VILLA MONTERO
Party
WARDEN OF DELANEY HALL DETENTION FACILITY
Party