District of New Jersey • 3:26-cv-11611

POEMAPE-SILVA v. WARDEN, DELANEY HALL DETENTION FACILITY

Completed

Case Information

Filed: September 09, 2026
Assigned to: Zahid Nisar Quraishi
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 25, 2026
Last Activity: October 05, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 09, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW55105.), filed by DEIVIS DILMER POEMAPE-SILVA. (Attachments: # 1 Cover Letter, # 2 Envelope)(jal, ) (Entered: 09/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 09, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Zahid N. Quraishi on 9/9/2026. (jjc, ) (Entered: 09/09/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
#3
Sep 09, 2026
NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of ATTORNEY GENERAL OF THE UNITED STATES, DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, DELANEY HALL DETENTION FACILITY (GONZALEZ, ALICIA) (Entered: 09/09/2026)
Main Document: Notice of Appearance
#4
Sep 09, 2026
Letter from United States Attorney's Office Petitioner's Location. (GONZALEZ, ALICIA) (Entered: 09/09/2026)
Main Document: Letter
#5
Sep 14, 2026
MOTION to Substitute Attorney by ATTORNEY GENERAL OF THE UNITED STATES, DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, DELANEY HALL DETENTION FACILITY. (DEPOIAN BESTER, CAROLYN) (Entered: 09/14/2026)
Main Document: Substitute Attorney
#6
Sep 14, 2026
Letter from Carolyn K. Depoian Bester. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(DEPOIAN BESTER, CAROLYN) (Entered: 09/14/2026)
Main Document: Letter
#7
Sep 15, 2026
Substitution of Attorney - Attorney ALICIA NICOLE GONZALEZ terminated. Attorney CAROLYN KAY DEPOIAN BESTER for ATTORNEY GENERAL OF THE UNITED STATES,CAROLYN KAY DEPOIAN BESTER for DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,CAROLYN KAY DEPOIAN BESTER for U.S. DEPARTMENT OF HOMELAND SECURITY,CAROLYN KAY DEPOIAN BESTER for WARDEN, DELANEY HALL DETENTION FACILITY added.. (DEPOIAN BESTER, CAROLYN) (Entered: 09/15/2026)
Main Document: Substitution of Attorney
Sep 15, 2026
CLERK'S QUALITY CONTROL MESSAGE - The 5 "SUBSTITUTION OF ATTORNEY" filed by CAROLYN KAY DEPOIAN BESTER on 9/14/2026 was submitted incorrectly as a "MOTION". PLEASE RESUBMIT THE 5 "SUBSTITUTION OF ATTORNEY" USING THE EVENT: Civil Events -> Other Filings -> Other Documents -> Substitution of Attorney. This submission will remain on the docket unless otherwise ordered by the court. (mlh)
Sep 15, 2026
QC - Incorrect Event Selected
#8
Sep 17, 2026
TEXT ORDER: The Court has reviewed Respondents' September 14, 2026 Letter (ECF No. 6 ) and the record in this matter. Respondents represent that Petitioner was transferred from the Delaney Hall Detention Facility in Newark, New Jersey, to the Port Isabel Service Processing Center in Texas before entry of the Court's September 9, 2026 Order. Respondents further represent that Petitioner is detained pursuant to a reinstated order of removal under 8 U.S.C. § 1231(a)(5). In light of the foregoing, Respondents shall, within three days of the date of this Order, file a supplemental submission addressing: (1) the date and circumstances of Petitioner's transfer, including identification of his current custodian; (2) whether the transfer affects this Court's jurisdiction over the Petition, including in light of Ex parte Endo, 323 U.S. 283 (1944), and Anariba v. Director Hudson County Correctional Center, 17 F.4th 434 (3d Cir. 2021); (3) the statutory authority governing Petitioner's detention before and after the reinstatement of his removal order; and (4) whether Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) or any other applicable provision. Respondents shall also address the status of Petitioner's removal proceedings and whether his removal is reasonably foreseeable. The Court reserves decision on Petitioner's request for a bond hearing and any further relief pending receipt of Respondents' supplemental submission. So Ordered by Judge Zahid N. Quraishi on 9/17/2026. (kas) (Entered: 09/17/2026)
Sep 17, 2026
Text Order
#9
Sep 21, 2026
Letter re 8 Text Order,,,,,,. (DEPOIAN BESTER, CAROLYN) (Entered: 09/21/2026)
Main Document: Letter
#10
Sep 24, 2026
Mail Returned as Undeliverable. Mail sent to DEIVIS DILMER POEMAPE-SILVA. (mlh) (Entered: 09/24/2026)
Main Document: Mail Returned
#11
Sep 25, 2026
TEXT ORDER: The Court has reviewed Respondents' September 21, 2026, supplemental submission (ECF No. 9 ) and the record in this matter. Respondents represent that Petitioner was transferred from the Delaney Hall Detention Facility in Newark, New Jersey, to the Port Isabel Service Processing Center in Los Fresnos, Texas, on September 5, 2026, where he remains in ICE custody. The transfer occurred before the Court entered its September 9, 2026 Order directing that Petitioner not be transferred outside the District of New Jersey without further order of the Court. See ECF No. 2 . Respondents further represent that Petitioner is subject to a reinstated final order of removal under 8 U.S.C. § 1231(a)(5), is detained pursuant to 8 U.S.C. § 1231(a), and that there is presently no impediment to his removal to Peru. ECF No. 9. To the extent Petitioner challenges the reinstatement or execution of his final order of removal, such claims are not cognizable in this Court. See 8 U.S.C. §§ 1252(a)(5), (b)(9), (g); Tazu v. Att'y Gen., 975 F.3d 292, 297-99 (3d Cir. 2020). To the extent Petitioner challenges his detention, he is not entitled to a bond hearing under 8 U.S.C. § 1226(a). In light of Respondents' representations concerning the status of Petitioner's removal, no further relief is presently warranted. Accordingly, the Petition is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall terminate this matter. So Ordered by Judge Zahid N. Quraishi on September 25, 2026.(kas) (Entered: 09/25/2026)
Sep 25, 2026
***Civil Case Terminated. (kas, )
Sep 25, 2026
Text Order
Sep 25, 2026
Terminate Civil Case
#12
Oct 05, 2026
Mail Returned as Undeliverable. Mail sent to DEIVIS DILMER POEMAPE-SILVA (jal, ) (Entered: 10/05/2026)
Main Document: Mail Returned

Parties

POEMAPE-SILVA
Party
WARDEN, DELANEY HALL DETENTION FACILITY
Party