District of New Jersey • 1:26-cv-11444

#1

Sep 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17898040.), filed by JUAN GUARTASACA TIGRE. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - EOIR Automated Case Information, # 4 Exhibit B - Detainee Locator)(HUFSTADER, REBECCA) (Entered: 09/03/2026)

#2

Sep 03, 2026

TEXT ORDER: Respondents are hereby enjoined from transferring Petitioner from the State of New Jersey until further Order for the Court. So Ordered by Judge Christine P. O'Hearn on 9/3/2026. (hem, ) (Entered: 09/03/2026)

Sep 03, 2026

Judge Christine P. O'Hearn added. (ijf)

Sep 03, 2026

Add and Terminate Judges

Sep 03, 2026

Text Order

#3

Sep 04, 2026

TEXT ORDER: TEXT ORDER: The Court is in receipt of the Petition for Writ of Habeas Corpus in which Petitioner alleges that they are being unlawfully detained without a bond hearing. If Petitioner was initially detained pursuant to 8 U.S.C. § 1225(b)(2), their 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 their current detention, return all property to them, 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 9/4/2026. (hem, ) (Entered: 09/04/2026)

Sep 04, 2026

Text Order

#4

Sep 08, 2026

Notice of Appearance

#5

Sep 08, 2026

Letter

Sep 09, 2026

Text Order

Sep 09, 2026

Terminate Civil Case