District of New Jersey • 3:26-cv-11099

#1

Aug 28, 2026

Second PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17867619.), filed by FRANCISCO ALEJANDRO HERRERA MACHARE. (Attachments: # 1 Civil Cover Sheet)(CARDENAS, VERONICA) (Entered: 08/28/2026)

#2

Aug 28, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court Signed by Judge Georgette Castner on 8/28/2026. (mfr) (Entered: 08/28/2026)

Aug 28, 2026

Notice of Judicial Preferences

Aug 28, 2026

Case Assigned/Reassigned

Aug 28, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Aug 28, 2026

Case Assigned to Judge Georgette Castner. (mfr)

#3

Sep 28, 2026

Letter from Petitioner. (CARDENAS, VERONICA) (Entered: 09/28/2026)

#4

Sep 29, 2026

TEXT ORDER: This matter is before the Court on Petitioner's September 27, 2026 letter (Letter). (ECF No. 3 .) Petitioner's letter notes that, on August 28, 2026, the Court entered an Order (ECF No. 2 ) ordering Respondents to file, within three days (i.e., by August 31, 2026), either a letter certifying Petitioner's release, or a letter identifying Petitioner's criminal history, whether he is subject to a final removal order, and the statutory basis for continued detention, but Respondents have failed to file any court-ordered letter. (ECF No. 3 at 1.) Petitioner asks the Court to grant the habeas petition on the present, unrebutted record and order his immediate release or, in the alternative, order Respondents to provide him with a bond hearing within seven days before a neutral immigration judge, with the Government bearing the burden of proving by clear and convincing evidence that continued detention is necessary, and with consideration of ability to pay and alternatives to detention. Within three (3) days of the date of the entry of this Text Order, Respondents shall file a response to Petitioner's Letter. So Ordered by Judge Georgette Castner on 9/29/2026. (jmh) (Entered: 09/29/2026)

Sep 29, 2026

Text Order

#5

Oct 02, 2026

NOTICE of Appearance by JOHN CROSBY on behalf of JONATHAN FLORENTINO, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (Attachments: # 1 Certificate of Service)(CROSBY, JOHN) (Entered: 10/02/2026)

#6

Oct 02, 2026

Letter from U.S. Attorney's Office Requesting Dismissal. (Attachments: # 1 Exhibit A- Oct. 1, 2026 I-286)(CROSBY, JOHN) (Entered: 10/02/2026)

#7

Oct 05, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter dated October 2, 2026. (ECF No. 6 .) Respondents argue that Petitioner's claims are barred under the abuse of the writ doctrine and Petitioner's detention is not unreasonably prolonged. (Id. at 2-4.) Within three (3) days of the date of entry of this Text Order, Petitioner shall file a letter response to the arguments in Respondents' Letter. So Ordered by Judge Georgette Castner on 10/5/2026. (jmh) (Entered: 10/05/2026)

Oct 05, 2026

Text Order

#8

Oct 08, 2026

Letter from Petitioner re: Reply to government's response. (CARDENAS, VERONICA) (Entered: 10/08/2026)

#9

Oct 09, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner's letter (Letter), (ECF No. 8 ), filed pursuant to this Court's October 5, 2026 Order, (ECF No. 7 ). According to Petitioner, ICE's October 1, 2026 custody determination requires a new bond hearing and precludes application of the abuse of the writ doctrine. (ECF No. 8 at 1, 3.) Within three (3) days of the date of entry of this Text Order, Respondents shall file a letter response to Petitioner's Letter. So Ordered by Judge Georgette Castner on 10/9/2026. (jab) (Entered: 10/09/2026)

Oct 09, 2026

Text Order

#10

Oct 13, 2026

RESPONSE re 8 Letter, 9 Text Order,,. (Attachments: # 1 Exhibit A- Notice of Hearing)(CROSBY, JOHN) (Entered: 10/13/2026)

#11

Oct 14, 2026

Letter from Petitioner RE: Urgent Request. (CARDENAS, VERONICA) (Entered: 10/14/2026)

#12

Oct 15, 2026

TEXT ORDER: This matter is before the Court on Petitioner's October 14, 2026 letter (Urgent Request) "requesting an expedited ruling, before his October 16, 2026, 8:30 a.m. bond hearing, requiring the Government to justify continued detention by clear and convincing evidence." (ECF No. 11 .) The Urgent Request is DENIED. According to Petitioner, this allocation of the burden of proof is justified as relief due to "the challenged custody-process failures," i.e., Respondents' "thirty-two-day delay in submitting the report required by [this Court's] August 28, 2026 Order, (ECF No. 2 ), and the unresolved question of compliance with its conditional release directive," Respondents' failure to produce a contemporaneous custody record of an individualized assessment by ICE for initially selecting detention rather than release under 8 C.F.R. § 236.1(c)(8) when Petitioner was arrested on or about April 30, 2026, his continued confinement since April 30, 2026, and "the prospect of further detention while his appeal [from the May 21, 2026 bond hearing denying release on bond] before the Board of Immigration Appeals remains pending." (Id. at 1-2 (citations omitted).) However, the scheduled bond hearing is governed by 8 U.S.C. § 1226(a). (See id. at 1 (noting that Respondents now concede that ICE's October 1, 2026 custody determination entitles Petitioner to a new bond hearing under § 1226(a)); ECF No. 6 -1 (Oct. 1, 2026 Notice of Custody Determination).) It is well established that the detainee bears the burden of proof at a § 1226(a) bond hearing. See Onuwa v. Field Office Dir., Civ. No. 26-2403, 2026 WL 772435, at *2 (D.N.J. Mar. 18, 2026). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Georgette Castner on 10/15/2026. (jab) (Entered: 10/15/2026)

Oct 15, 2026

Text Order

#13

Oct 19, 2026

Status Report