District of New Jersey • 1:26-cv-11833

#1

Sep 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17928302.), filed by GERALDO PEDRO DA SILVA. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet civil cover sheet)(MINOGUE, ALEXANDRA) (Entered: 09/11/2026)

#2

Sep 11, 2026

MOTION for Temporary Restraining Order by GERALDO PEDRO DA SILVA. (MINOGUE, ALEXANDRA) (Entered: 09/11/2026)

#3

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. (ijf) (Entered: 09/11/2026)

Sep 11, 2026

Add and Terminate Judges

Sep 11, 2026

Emergent Immigration Habeas Non-transfer Order

Sep 11, 2026

Judge Karen M. Williams added. (ijf)

#4

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 Geraldo Pedro Da Silva ("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 2018, has remained in the United States since that time, and was apprehended in the interior of the United States on September 10, 2026. Petitioner further alleges that he has no criminal record or final order of removal. Petitioner contends that he unlawfully detained in violation of the Due Process Clause of the Fifth Amendment. (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 14, 2026. (Williams, Karen) (Entered: 09/14/2026)

Sep 14, 2026

Text Order

#5

Sep 16, 2026

NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of TODD BLANCHE, ERIC ROKOSKY, DAVID J. VENTURELLA, ARTHUR J. WILSON (STEWART, JEWELL) (Entered: 09/16/2026)

#6

Sep 17, 2026

Letter from US Attorney's Office - Expedited Response to Petition. (Attachments: # 1 Exhibit A - Form I-286 - Notice of Custody Determination)(STEWART, JEWELL) (Entered: 09/17/2026)

#7

Sep 18, 2026

Letter from Petitioner in Reply to ECF 6. (MINOGUE, ALEXANDRA) (Entered: 09/18/2026)

Sep 18, 2026

QC - Incorrect Event Selected

Sep 18, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 6 RESPONSE to Petition filed by JEWELL CHRISTIAN STEWART on 9/17/2026 was submitted incorrectly as a LETTER. In the future, please use the event "RESPONSE to Motion", found under the "Motions and Related Filings" menu. This message is for informational purposes only. This submission will remain on the docket unless otherwise ordered by the court. (sms2)

#8

Oct 03, 2026

RESPONSE re 4 Text Order,,,,,,,. (STEWART, JEWELL) (Entered: 10/03/2026)

#9

Oct 15, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), Respondents' expedited response (ECF No. 6), Petitioner's reply (ECF No. 7), and Respondents' Letter (ECF No. 8). Respondents have identified 8 U.S.C. § 1226(a) as the statutory basis for Petitioner's detention and have submitted a Notice of Custody Determination reflecting that Petitioner was determined to be eligible for release on a $7,500 bond. (ECF No. 6-1.) Accordingly, the record does not establish that Petitioner is presently detained pursuant to 8 U.S.C. § 1225(b)(2)(A), the statutory provision challenged in the Petition (ECF No. 1) and addressed in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026). To the extent Petitioner seeks review of the amount or conditions of his bond, the record reflects that Petitioner has requested a custody redetermination hearing before an immigration judge. (ECF No. 6.) Additionally, Respondents indicate that Petitioner posted bond on September 10, 2026, and was released from immigration custody. (ECF No. 8.) The Court therefore declines to grant habeas relief on the present record. Accordingly, it is ORDERED that the Petition is DENIED. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Karen M. Williams on 10/15/26. (nar) (Entered: 10/15/2026)

Oct 15, 2026

Order of Dismissal