District of New Jersey • 1:26-cv-11604

LUIS HERNANDEZ v. BLANCHE

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Case Information

Filed: September 09, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 09, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17913171.), filed by PASCUAL LUIS HERNANDEZ. (Attachments: # 1 Exhibit, # 2 Habeas Order, # 3 Brief, # 4 Order to Show Cause, # 5 Certification, # 6 Certificate of Service, # 7 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 09/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 09, 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 9/9/2026. (ijf) (Entered: 09/09/2026)
#3
Sep 09, 2026
TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Amner Maycon Cabrera Velasquez ("Petitioner"), who is detained by U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1.) Petitioner alleges that he entered the United States without inspection in 2022, has remained in the United States since that time, and was apprehended in the interior of the United States on September 3, 2026. Petitioner further alleges that he has no criminal record or final order of removal. Petitioner contends that he is detained without a bond hearing in violation of the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedures Act. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that unless Respondents identify: (a) an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on September 9,2026. (Williams, Karen) (Entered: 09/09/2026)
Sep 09, 2026
Text Order
Sep 09, 2026
Emergent Immigration Habeas Non-transfer Order
Sep 09, 2026
Judge Karen M. Williams added. (ijf)
Sep 09, 2026
Add and Terminate Judges
#4
Sep 13, 2026
Letter. (FERNANDEZ, REGIS) (Entered: 09/13/2026)
Main Document: Letter
#5
Sep 14, 2026
TEXT ORDER The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Pascual Luis Hernandez ("Petitioner"), who is detained by U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1.) Petitioner alleges that he entered the United States without inspection in 2022, has remained in the United States since that time, and was apprehended in the interior of the United States on September 3, 2026. Petitioner further alleges that he has no criminal record or final order of removal. Petitioner contends that he is detained without a bond hearing in violation of the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedures Act. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that unless Respondents identify: (a) an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on 9/14/26. (nar) (Entered: 09/14/2026)
#6
Sep 14, 2026
NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (STEWART, JEWELL) (Entered: 09/14/2026)
Main Document: Notice of Appearance
#7
Sep 14, 2026
Letter from US Attorney's Office Responding to ECF No. 5. (Attachments: # 1 Exhibit A - Form I-200 - Warrant for Arrest, # 2 Exhibit B - Form I-286 - Notice of Custody Determination, # 3 Exhibit C - Form I-286A - Addendum to Notice of Custody Determination)(STEWART, JEWELL) (Entered: 09/14/2026)
Main Document: Letter
Sep 14, 2026
QC - Generic Message
Sep 14, 2026
Order
Sep 14, 2026
CLERK'S QUALITY CONTROL MESSAGE - The Text Order (ECF No. 3) was ENTERED IN ERROR. PLEASE DISREGARD. (nar)
#8
Sep 16, 2026
TEXT ORDER This matter comes before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 ("Petition"). (ECF No. 1.) The Court has reviewed the Petition (ECF No. 1), Petitioner's Letter (ECF No. 4) and the Response (ECF No. 7). According to the Response, Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and has been afforded a bond hearing at which an immigration judge determined that Petitioner is eligible for release upon posting a $7,500 bond. Because Petitioner has received the bond hearing to which he is entitled under the asserted statutory basis for his detention, no further relief is warranted at this time. See Jennings v. Rodriguez, 583 U.S. 281, 303 (2018). Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to CLOSE this case. So Ordered by Judge Karen M. Williams on 9/16/26. (nar) (Entered: 09/16/2026)
Sep 16, 2026
Order of Dismissal

Parties

BLANCHE
Party
LUIS HERNANDEZ
Party