District of New Jersey • 1:26-cv-13428

GARCIA MONTOYA v. SOTO

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Case Information

Filed: October 14, 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: November 02, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 14, 2026
First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-18066893.), filed by WILDENSON JESUS GARCIA MONTOYA. (Attachments: # 1 Text of Proposed Order, # 2 Civil Cover Sheet)(MIRON, ALEXANDRA) (Entered: 10/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
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. (jml, ) (Entered: 10/14/2026)
Oct 14, 2026
Judge Christine P. O'Hearn added. (jml, )
Oct 14, 2026
Emergent Immigration Habeas Non-transfer Order
Oct 14, 2026
Add and Terminate Judges
#3
Oct 15, 2026
ORDER that if Petitioner is not released, Respondents shall, within 5 calendar days of this Order, file a letter on the docket addressing whether Petitioner has a criminal history. Signed by Judge Christine P. O'Hearn on 10/15/2026. (jal, ) (Entered: 10/15/2026)
Main Document: Order
#4
Oct 16, 2026
NOTICE of Appearance by ELIZABETH VIEYRA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (VIEYRA, ELIZABETH) (Entered: 10/16/2026)
Main Document: Notice of Appearance
#5
Oct 20, 2026
Letter from US Attorney's Office, Answer re 3 Order. (Attachments: # 1 Exhibit 1 - I-213, # 2 Exhibit 2 - I-200, # 3 Exhibit 3 - Notice to Appear, # 4 Exhibit 4 - I-286)(VIEYRA, ELIZABETH) (Entered: 10/20/2026)
Main Document: Letter
#6
Oct 21, 2026
TEXT ORDER: The Court is in receipt of Respondents' response to the Petition asserting that Petitioner is eligible for a bond hearing but has not requested one. (ECF No. 5). Petitioner may file any reply within five (5) days of this Order. So Ordered by Judge Christine P. O'Hearn on 10/21/2026. (hem, ) (Entered: 10/21/2026)
Oct 21, 2026
Text Order
#7
Oct 26, 2026
Letter from Petitioner. (MIRON, ALEXANDRA) (Entered: 10/26/2026)
Main Document: Letter
#8
Oct 27, 2026
TEXT ORDER: The Court has reviewed Respondents' Answer, (ECF No. 5), and Petitioner's Reply, (ECF No. 7). Although Respondents have produced a Form I-286 reflecting a decision to detain Petitioner under 8 U.S.C. § 1226(a), that form alone is insufficient to per se establish that ICE conducted an individualized custody determination assessing Petitioner's danger to the community or flight risk. See A.J.P.S. v. Benzel, No. 26-11858, 2026 WL 3131270 (D.N.J. Oct. 19, 2026). Accordingly, Respondents shall file, within three (3) days, a supplemental response explaining whether and how ICE conducted an individualized custody determination and identifying the factors considered. Respondents shall produce all documents relating to that determination, specifically including the Velesaca form referenced in the Form I-213, (ECF No. 5-1 at 4) and any corresponding worksheet. So Ordered by Judge Christine P. O'Hearn on 10/27/2026. (hem, ) (Entered: 10/27/2026)
Oct 27, 2026
Text Order
#9
Oct 29, 2026
Letter from US Attorney's Office, Supplemental Response re 8 Text Order,,,. (Attachments: # 1 Exhibit Ex. A - Notice of Hearing, # 2 Exhibit Ex. B - Filed Under Seal, # 3 Exhibit Ex. C - Filed Under Seal)(VIEYRA, ELIZABETH) (Entered: 10/29/2026)
Main Document: Letter
#10
Oct 29, 2026
Exhibit to 9 Letter by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA. (Attachments: # 1 Exhibit Velesaca Form)(VIEYRA, ELIZABETH)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 10/29/2026)
Main Document: Exhibit (to Document)
#11
Oct 31, 2026
TEXT ORDER. The Court is in receipt of the Government's supplemental response and accompany exhibits. (ECF No. 9). Petitioner may file any reply by November 4, 2026. So Ordered by Judge Christine P. O'Hearn on 10/31/2026. (jml, ) (Entered: 10/31/2026)
Oct 31, 2026
Text Order
#12
Nov 02, 2026
Letter
Main Document: Letter

Parties

GARCIA MONTOYA
Party
SOTO
Party