District of New Jersey • 1:26-cv-11730
ARANDA CHAVARRIA v. WARDEN, DELANEY HALL DETENTION FACILITY
Active
Case Information
Filed: September 11, 2026
Assigned to:
Christine P. O'Hearn
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 15, 2026
Parties:
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Docket Entries
#1
Sep 11, 2026
Petition for Writ of Habeas Corpus Received via ADS. (Attachments: # 1 Civil Cover Sheet, # 2 LETTER, # 3 Text of Proposed Order, # 4 Declaration, # 5 Exhibit, # 6 Certificate of Service)(hjp). Modified on 9/14/2026 (hjp, ). (Entered: 09/11/2026)
Main Document:
Petition Received
#2
Sep 11, 2026
MOTION for Temporary Restraining Order by KENNETH JOSHUA ARANDA CHAVARRIA. (hjp) (Entered: 09/11/2026)
Main Document:
Temporary Restraining Order
#3
Sep 11, 2026
MOTION FOR IMMEDIATE RELEASE WITHOUT MONETARY BOND by KENNETH JOSHUA ARANDA CHAVARRIA. (hjp) (Entered: 09/11/2026)
Main Document:
Miscellaneous Relief
#4
Sep 11, 2026
MOTION FOR EXPEDITED CONSIDERATION AND REQUEST FOR TEMPORARY RELIEF by KENNETH JOSHUA ARANDA CHAVARRIA. (hjp) (Entered: 09/11/2026)
Main Document:
Miscellaneous Relief
#5
Sep 11, 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 9/11/2026. (dmw) (Entered: 09/11/2026)
#6
Sep 11, 2026
TEXT ORDER: The Court is in receipt of the pro se Petition, (ECF No. 1), which was submitted without the filing fee or an application to proceed in forma pauperis. Accordingly, the Clerk of the Court shall forward to Petitioner, by regular U.S. mail, a notice informing Petitioner of this deficiency, together with a copy of the appropriate application to proceed in forma pauperis. Within fourteen (14) days of the date of this Order, Petitioner shall either submit a completed application to proceed in forma pauperis or pay the applicable filing fee. The Court's no-transfer Order, (ECF No. 5), shall remain in effect until further Order of the Court. So Ordered by Judge Christine P. O'Hearn on 9/11/2026. (hem, nm) (Entered: 09/11/2026)
Sep 11, 2026
Emergent Immigration Habeas Non-transfer Order
Sep 11, 2026
Filing fee: $ 5, receipt number NEW55137 (jr)
Sep 11, 2026
Text Order
#7
Sep 14, 2026
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. Finally, in light of the relief granted herein and the Court's Order prohibiting Petitioner's transfer, the pending motions, (ECF Nos. 2-4), are DENIED as moot. So Ordered by Judge Christine P. O'Hearn on 9/14/2026. (hem, ) (Entered: 09/14/2026)
Sep 14, 2026
Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO
Sep 14, 2026
Filing Fee Received
#8
Sep 16, 2026
NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of WARDEN, DELANEY HALL DETENTION CENTER (ZARRILLO, BRIDGET) (Entered: 09/16/2026)
Main Document:
Notice of Appearance
#9
Sep 16, 2026
ANSWER to Complaint by WARDEN, DELANEY HALL DETENTION CENTER. (Attachments: # 1 Exhibit Ex 1 I-213 Form, # 2 Exhibit Ex 2 Removal Order)(ZARRILLO, BRIDGET) (Entered: 09/16/2026)
Main Document:
Answer to Complaint
#10
Sep 16, 2026
ORDER appointing Mark M. Makhail of McCarter & English, LLP to represent Petitioner; ORDERED that appointed counsel shall promptly file an appearance, review the submissions in this matter, and advise the Court by September 20, 2026 how much time is needed to file a reply to Respondent's submission and whether counsel intends to file an amended petition. Signed by Judge Christine P. O'Hearn on 9/16/2026. (dmr) (Entered: 09/16/2026)
#11
Sep 17, 2026
NOTICE of Appearance by SALVATORE PIETRO D'ALIA on behalf of KENNETH JOSHUA ARANDA CHAVARRIA (D'ALIA, SALVATORE) (Entered: 09/17/2026)
Main Document:
Notice of Appearance
#12
Sep 20, 2026
Letter from Petitioner Requesting Extension of Time. (D'ALIA, SALVATORE) (Entered: 09/20/2026)
Main Document:
Letter
#13
Sep 21, 2026
NOTICE of Appearance by MARK M. MAKHAIL on behalf of KENNETH JOSHUA ARANDA CHAVARRIA (MAKHAIL, MARK) (Entered: 09/21/2026)
Main Document:
Notice of Appearance
#14
Sep 21, 2026
LETTER ORDER granting Petitioner's request for additional time to advise the Court whether they will be filing an amended petition, to September 25, 2026. Signed by Judge Christine P. O'Hearn on 9/21/2026. (sms2) (Entered: 09/21/2026)
#15
Sep 21, 2026
Letter from Respondents regarding extension request. (ZARRILLO, BRIDGET) (Entered: 09/21/2026)
Main Document:
Letter
#16
Sep 21, 2026
TEXT ORDER: The Court is in receipt of Respondents' request for an extension of time to comply with the Court's September 16, 2026 Order. (ECF No. 15). The request is GRANTED. Respondents shall file the supplemental submission required by the Court's September 16, 2026 Order (ECF No. 10) no later than September 23, 2026. So Ordered by Judge Christine P. O'Hearn on 9/21/2026. (hem, ) (Entered: 09/21/2026)
Sep 21, 2026
Text Order
#17
Sep 23, 2026
Letter from Respondents in response to ECF No. 10. (Attachments: # 1 Exhibit Ex 1- Declaration of DO Miguel Rodriguez)(ZARRILLO, BRIDGET) (Entered: 09/23/2026)
Main Document:
Letter
#18
Sep 25, 2026
Letter from Petitioner re: Amended Petition and Reply. (D'ALIA, SALVATORE) (Entered: 09/25/2026)
Main Document:
Letter
#19
Sep 28, 2026
LETTER ORDER granting request for Petitioner to file an Amended Petition on or before September 30, 2026. Petitioner also respectfully requests until October 2, 2026 to reply to Respondents' sub-missions opposing Petitioner's requested relief. Signed by Judge Christine P. O'Hearn on 9/28/2026. (grm) (Entered: 09/28/2026)
#20
Sep 30, 2026
Amended PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18012710.), filed by KENNETH JOSHUA ARANDA CHAVARRIA. (Attachments: # 1 Certification of Service)(D'ALIA, SALVATORE) (Entered: 09/30/2026)
Main Document:
Petition for Writ of Habeas Corpus
#21
Oct 01, 2026
TEXT ORDER: The Court is in receipt of Petitioner's Amended Petition. (ECF No. 20). Following Petitioner's forthcoming response to Respondents' prior submission concerning whether there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future, (see ECF Nos. 17, 19), Respondents shall, by October 6, 2026, file a comprehensive answer addressing the Amended Petition and Petitioner's forthcoming submission. The Court's prior Order prohibiting Petitioner's transfer, (ECF No. 5), shall remain in effect until further Order of the Court. So Ordered by Judge Christine P. O'Hearn on 10/1/2026. (hem, ) (Entered: 10/01/2026)
Oct 01, 2026
Text Order
#22
Oct 02, 2026
Letter from Petitioner in Reply to Respondents' Responses and in Further Support of Amended Petition. (D'ALIA, SALVATORE) (Entered: 10/02/2026)
Main Document:
Letter
#23
Oct 06, 2026
Letter from Respondents- Expedited Response to ECF Nos. 20,22. (Attachments: # 1 Exhibit Ex A- Warrant)(ZARRILLO, BRIDGET) (Entered: 10/06/2026)
Main Document:
Letter
#24
Oct 07, 2026
Letter from Petitioner re: Status of Motion to Reopen. (D'ALIA, SALVATORE) (Entered: 10/07/2026)
Main Document:
Letter
#25
Oct 08, 2026
TEXT ORDER: Petitioner having advised the Court that he has filed a motion to reopen his removal order, which automatically stays his removal, (ECF No. 24), Respondents shall, within three (3) days of this Order, file a supplemental response addressing this fact and whether they continue to assert a significant likelihood of removal in the reasonably foreseeable future. So Ordered by Judge Christine P. O'Hearn on 10/8/2026. (hem, ) (Entered: 10/08/2026)
Oct 08, 2026
Text Order
#27
Oct 14, 2026
Letter
Main Document:
Letter
Oct 14, 2026
Text Order
#29
Oct 15, 2026
Letter
Main Document:
Letter
#31
Oct 15, 2026
Letter
Main Document:
Letter
Oct 15, 2026
Text Order
Parties
ARANDA CHAVARRIA
Party
WARDEN, DELANEY HALL DETENTION FACILITY
Party