District of New Jersey • 2:26-cv-11349

MONSALVE VALERO v. ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT

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Case Information

Filed: September 02, 2026
Assigned to: Susan Davis Wigenton
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW55033.), filed by CARLOS EDUARDO MONSALVE VALERO.(mk) (Entered: 09/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#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. (mk) (Entered: 09/02/2026)
Sep 02, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Sep 03, 2026
TEXT ORDER: This Court is in receipt of Petitioner's petition for a writ of habeas corpus. (ECF No. 1). Having reviewed the Petition, this Court preliminarily concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Buele Morocho v. Warden Philadelphia FDC, --- F.4th ---, ---, 2026 WL 2546223, at *2-10 (3d Cir. 2026). If Respondents contend that Buele Morocho is factually distinguishable, or that Petitioner has a criminal history or a final order of removal, they shall file an expedited answer to the Petition within 3 days of this Order, and Petitioner shall file any reply within 3 days of the answer. Respondents may redact any sensitive information belonging to petitioner or persons not before this Court but may not redact names or signatures of immigration officials or other public employees. Otherwise, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. It is further ORDERED that if no answer is filed within 5 days of this Order, the Clerk shall CLOSE this matter. So Ordered by Judge Susan D. Wigenton on 9/3/2026. (cds) (Entered: 09/03/2026)
Sep 03, 2026
Text Order
#4
Sep 08, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Sep 08, 2026
Letter
Main Document: Letter

Parties

ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT
Party
MONSALVE VALERO
Party