District of New Jersey • 1:26-cv-12103

#1

Sep 14, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO ET AL ( Filing fee $ 5 receipt number ANJDC-17937667.), filed by SEFERINO REYES VILCHIS. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 09/14/2026)

#2

Sep 14, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO ET AL by SEFERINO REYES VILCHIS. (DUQUE-ISERN, STEPHANIE) (Entered: 09/14/2026)

#3

Sep 15, 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 9/15/2026. (ijf) (Entered: 09/15/2026)

#4

Sep 15, 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 motion, (ECF No. 2), is DENIED as moot. So Ordered by Judge Christine P. O'Hearn on 9/15/2026. (hem, ) (Entered: 09/15/2026)

Sep 15, 2026

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

Sep 15, 2026

Order on Motion for TRO

Sep 15, 2026

Add and Terminate Judges

Sep 15, 2026

Emergent Immigration Habeas Non-transfer Order