District of New Jersey • 1:26-cv-10704

#1

Aug 21, 2026

PETITION received for Writ of Habeas Corpus, filed by LUIS MIGUEL TOVAR-ROJAS. (Attachments: # 1 Application IFP, # 2 Declaration). (Received Via ADS).(dnw) (Entered: 08/21/2026)

#2

Aug 21, 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 8/21/2026. (dmw) (Entered: 08/21/2026)

Aug 21, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 21, 2026

Notice of NEF Consent

Aug 21, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, LUIS MIGUEL TOVAR-ROJAS 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. (dnw, )

#3

Aug 25, 2026

OPINION filed. Signed by Judge Edward S. Kiel on 8/24/2026. (kht) (Entered: 08/25/2026)

#4

Aug 25, 2026

ORDER that the Clerk shall supply to petitioner a blank form entitled "AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)". If Petitioner wishes to proceed with this action, he shall so notify the Court, in writing. Petitioner's writing shall include either (1) a complete in forma pauperis application, or (2) the $5 filing fee. Failure to return either the filing fee or in forma pauperis application in 30 days shall result in dismissal of this matter. Signed by Judge Edward S. Kiel on 8/24/2026. (kht) (Entered: 08/25/2026)

#5

Aug 27, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Edward S. Kiel on 8/27/2026. (ps) (Entered: 08/27/2026)

Aug 27, 2026

Filing fee: $5, receipt number NEW54974. (ps)

Aug 27, 2026

Filing Fee Received

#6

Aug 31, 2026

NOTICE of Appearance by NITIN ARADHYA on behalf of WARDEN, DELANEY HALL DETENTION FACILITY (ARADHYA, NITIN) (Entered: 08/31/2026)

#7

Aug 31, 2026

Letter. (Attachments: # 1 Exhibit Criminal History Report)(ARADHYA, NITIN) (Entered: 08/31/2026)

#8

Sep 06, 2026

TEXT ORDER: The Court having considered petitioner's habeas petition (Petition) (ECF No. 1) and respondents' letter informing the Court of Petitioner's criminal history. (ECF No. 7.) Respondents further concede that 8 U.S.C. sec. 1225(b)(2) may not lawfully be used to detain aliens arrested after entering the United States without admission or inspection without bond and remaining within the United States for an extended period, see Buele Morocho v. Warden Philadelphia FDC, --- F.4th ---, ---, 2026 WL 2546223, at *2-10 (3d Cir. 2026). (Id. p.1 n.1.) Therefore, the Petition is GRANTED. Respondents shall provide Petitioner with a bond hearing pursuant to 8 U.S.C. sec. 1226(a) and its accompanying regulations within seven days. Petitioner, or his counsel, shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. The rescheduled date may be outside of the seven-day period at petitioner's request. Respondents shall report the outcome of that bond hearing within three days of its occurrence. The Order barring petitioner's transfer shall remain in place until the bond hearing process is concluded. The Clerk of the Court shall CLOSE this matter. So Ordered by Judge Edward S. Kiel on 9/6/2026. (gn, ) (Entered: 09/06/2026)

Sep 06, 2026

Order of Dismissal

#9

Sep 11, 2026

Letter