District of New Jersey • 1:26-cv-11372

#1

Sep 02, 2026

PETITION for Writ of Habeas Corpus, filed by ANASTACIO LUNA MARTINEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ice Locator, # 3 Exhibit EOIR, # 4 Exhibit Promis_Gavel)(CARDENAS, VERONICA) (Entered: 09/02/2026)

#2

Sep 02, 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 9/2/2026. (jml, ) (Entered: 09/02/2026)

Sep 02, 2026

Judge Christine P. O'Hearn added. (jml, )

Sep 02, 2026

Emergent Immigration Habeas Non-transfer Order

Sep 02, 2026

Add and Terminate Judges

#3

Sep 03, 2026

TEXT ORDER: The Court is in receipt of the Petition for Writ of Habeas Corpus in which Petitioner alleges that he is being unlawfully detained without a bond hearing. If Petitioner was initially detained pursuant to 8 U.S.C. § 1225(b)(2), his detention is unlawful under Buele Morocho v. Warden Phila. FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), and Respondents shall immediately release Petitioner from custody under the same conditions that existed before his current detention, return all property to him, and promptly file a letter on the docket so confirming. If not released, within three (3) calendar days of this Order, Respondents shall file a letter on the docket addressing whether Petitioner: (1) has a criminal history warranting mandatory detention under 8 U.S.C. § 1226(c); (2) is subject to a final order of removal; or (3) was initially detained pursuant to 8 U.S.C. § 1226(a) and afforded a bond hearing. Respondents are further reminded that the Court will not accept a "post hoc justification[] for detention." Arias Gudino v. Lowe, 785 F. Supp. 3d 27, 46 n.8 (M.D. Pa. 2025); cf. Marshall v. Lansing, 839 F.2d 933, 943-44 (3d Cir. 1988) ("A court must review the agency's actual on-the-record reasoning process... not a post hoc rationalization, or agency counsel's in-court reasoning."). Accordingly, if Respondents contend that § 1226(a) supplied the authority for Petitioner's detention from the outset, they must provide competent proof establishing that fact. So Ordered by Judge Christine P. O'Hearn on 9/3/2026. (hem, ) (Entered: 09/03/2026)

Sep 03, 2026

Text Order

#4

Sep 08, 2026

Notice of Appearance

#5

Sep 08, 2026

Letter

Sep 08, 2026

Text Order

Sep 08, 2026

Terminate Civil Case