District of New Jersey • 2:26-cv-10595

#1

Aug 19, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17828341.), filed by DAVID ORTIZ ESCALANTE. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit, # 3 Civil Cover Sheet)(MIRON, ALEXANDRA) (Entered: 08/19/2026)

#2

Aug 19, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Madeline Cox Arleo on 8/19/2026. (ijf) (Entered: 08/19/2026)

Aug 19, 2026

Add and Terminate Judges

Aug 19, 2026

Judge Madeline Cox Arleo added. (ijf)

#3

Aug 24, 2026

Notice of Appearance

#4

Aug 24, 2026

Letter

#5

Aug 27, 2026

TEXT ORDER - The Court has reviewed the expedited answer. (ECF Nos. 4, 4-1.) Based on the record and the Court's prior decisions, the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Considering Petitioner's criminal history (ECF No. 4-1), the Court will order a bond hearing and makes no determination about whether Petitioner is a flight risk or a danger. 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, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. So Ordered by Judge Madeline Cox Arleo on 8/27/2026. (aa, ) (Entered: 08/27/2026)

Aug 27, 2026

Order