District of New Jersey • 1:26-cv-13388

#1

Oct 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18064036.), filed by ISRAEL HERNANDEZ. (Attachments: # 1 Text of Proposed Order PROPOSED ORDER)(MONTERO, FRANKLIN) (Entered: 10/14/2026)

#2

Oct 14, 2026

Exhibit Index to Re 1 Petition for Writ of Habeas Corpus. (MONTERO, FRANKLIN) (Entered: 10/14/2026)

#3

Oct 14, 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 10/14/2026. (ijf) (Entered: 10/14/2026)

Oct 14, 2026

Add and Terminate Judges

Oct 14, 2026

Emergent Immigration Habeas Non-transfer Order

Oct 14, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Enter all the parties listed in the petition. Change role as appropriate (e.g. defendant to respondent). The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ijf)

Oct 14, 2026

Judge Karen M. Williams added. (ijf)

Oct 14, 2026

QC - Attorney Case Opening

#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, Israel Hernandez ("Petitioner"). (ECF No. 1.) According to the Petition, Petitioner is native and citizen of Guatemala who has resided in New Jersey since entering the United States approximately ten years ago. He alleges that he has no criminal record and was taken into ICE custody in Newark, New Jersey, on October 6, 2026. Petitioner alleges that he has since been detained at Delaney Hall Detention Facility, without a bond hearing or an individualized determination that his detention is necessary. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (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)

Oct 15, 2026

Text Order

#5

Oct 16, 2026

Notice of Appearance

#6

Oct 16, 2026

Letter

Oct 23, 2026

Text Order

Oct 26, 2026

Terminate Civil Case