District of New Jersey • 1:26-cv-13311
PAR PAR v. WARDEN/FACILITY ADMINISTRATOR, DELANEY HALL DETENTION FACILITY
Completed
Case Information
Filed: October 13, 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
Completed: October 26, 2026
Last Activity:
October 28, 2026
Parties:
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Docket Entries
#1
Oct 13, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK55456.), filed by WILLIAM MARDOQUEO PAR PAR. (Attachments: # 1 Exhibits, # 2 Envelope) (hjp). (Entered: 10/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Oct 13, 2026
EX PARTE MOTION for Temporary Restraining Order by WILLIAM MARDOQUEO PAR PAR. (hjp) (Entered: 10/14/2026)
Main Document:
Temporary Restraining Order
#3
Oct 13, 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 10/13/2026. (dmw) (Entered: 10/14/2026)
Oct 14, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Oct 15, 2026
TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 ("Petition") of Petitioner, Mardoqueo Par Par ("Petitioner"), proceeding pro se. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Guatemala who entered the United States on February 25, 2018 and has resided in New Jersey since that time. Petitioner alleges he was arrested by ICE on October 2, 2026, in West New York, New Jersey. Petitioner alleges that he has since been detained at Delaney Hall Detention Facility, and that a preliminary hearing is scheduled for October 14, 2026. Petitioner contends that his continued detention violates 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 October 15, 2026. (Williams, Karen) (Entered: 10/15/2026)
#5
Oct 15, 2026
NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of ACTING DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ATTORNEY GENERAL OF THE UNITED STATES, FIELD OFFICE DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, NEWARK FIELD OFFICE, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, WARDEN/FACILITY ADMINISTRATOR, DELANEY HALL DETENTION FACILITY (GONZALEZ, ALICIA) (Entered: 10/15/2026)
Main Document:
Notice of Appearance
#6
Oct 15, 2026
Letter from United States Attorney's Office Petitioner's Location. (Attachments: # 1 Exhibit Form I-830)(GONZALEZ, ALICIA) (Entered: 10/15/2026)
Main Document:
Letter
Oct 15, 2026
Text Order
#7
Oct 19, 2026
Letter from United States Attorney's Office Petitioner's Location and Request to Stay Order. (Attachments: # 1 Exhibit FedEx Tracking History)(GONZALEZ, ALICIA) (Entered: 10/19/2026)
Main Document:
Letter
#8
Oct 23, 2026
TEXT ORDER - The Court has reviewed Respondents' letter requesting dismissal or transfer of this action for lack of jurisdiction. (ECF No. 7.) Respondents represent that Petitioner was transferred from the Delaney Hall Detention Facility in Newark, New Jersey, to the Diamondback Correctional Facility in Watonga, Oklahoma, on October 11, 2026, before the Petition was filed with this Court on October 13, 2026. Respondents further represent that the Petition was mailed by a third party from Florida and therefore does not qualify for the prison mailbox rule. Accordingly, because Petitioner was confined in Oklahoma when the Petition was filed, this Court lacks jurisdiction over the Petition. See Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004). In the interest of justice, the Court finds that transfer, rather than dismissal, is appropriate pursuant to 28 U.S.C. § 1631. Accordingly, this action is hereby TRANSFERRED to the United States District Court for the Western District of Oklahoma, the district in which Petitioner is presently confined. The Court's October 13, 2026 Text Order (ECF No. 3) and October 15, 2026 Text Order (ECF No. 4) are hereby VACATED. The Clerk of Court shall transfer this action to the United States District Court for the Western District of Oklahoma and CLOSE the case in this District. So Ordered by Judge Karen M. Williams on October 23, 2026. (Williams, Karen) (Entered: 10/23/2026)
Oct 23, 2026
Text Order
Oct 26, 2026
Case transferred from New Jersey has been opened in Western District of Oklahoma [LIVE] as case 5:26-cv-03053, filed 10/26/2026. (kht)
Oct 26, 2026
Terminate Civil Case
Oct 26, 2026
Case Transferred Out - District Court Transfer
Oct 26, 2026
Docket Annotation (public)
Oct 26, 2026
Case extracted via ECF to Western District of Oklahoma. (dmw)
Oct 26, 2026
***Civil Case Terminated Per Text Order transferring case. (dmw)
#9
Oct 28, 2026
Mail Returned
Main Document:
Mail Returned
Parties
Attorney
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