District of New Jersey • 3:25-cv-19007

TIBURCIO v. FRANCIS

Completed

Case Information

Filed: December 29, 2025
Assigned to: Georgette Castner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: March 18, 2026
Last Activity: March 27, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 22, 2025
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jose Juarez Tiburcio..(kgo) (Entered: 12/22/2025)
Main Document: PETITION
#2
Dec 22, 2025
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 12/22/2025)
Main Document: STANDING
#3
Dec 22, 2025
ORDER TO SHOW CAUSE: Upon consideration of Petitioner's Habeas Petition, it is hereby ORDERED that: 1. To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. 2. Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this court in light of Petitioner's interests in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. 3. Respondents shall show cause, pursuant to 28 U.S.C. § 2243, why the Petition for Writ of Habeas Corpus should not be granted by December 30, 2025. 4. Petitioner shall have the opportunity to file a reply by January 5, 2026. 5. This matter shall be scheduled for a hearing in front of Judge Gregory H. Woods upon completion of briefing by the parties. 6. The parties shall attend an initial telephonic case conference on Monday, December 23, 2025, at 3:30 p.m. EST. The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID. The parties should be prepared to address venue, under what statutory provision Petitioner is being detained, and provide additional details about Petitioner's detention, such as Petitioner's A-number, and any other accompanying documents. 7. By December 23, 2025, Jonathan Juarez Villa is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorney's Office for the Southern District of New York at the following email addresses: Jeffrey.Oestericher@usdoj.gov; pierre.armand@usdoj.gov; and christine.poscablo@usdoj.gov. 8. If Jonathan Juarez Villa seeks electronic filing privileges, he must fill out the Consent to Electronic Service Form, which is available on the webpage titled Representing Yourself in Federal Court (Pro Se) on the Southern District of New Yorks website, https://nysd.uscourts.gov/prose. SO ORDERED. ( Telephone Conference set for 12/23/2025 at 03:30 PM before Judge Vernon S. Broderick.) Show Cause Response due by 12/30/2025. (Signed by Judge Vernon S. Broderick on 12/22/2025) (tg) (Entered: 12/23/2025)
Main Document: ORDER
Dec 22, 2025
Set/Reset Hearings: Initial Conference set for 12/23/2025 at 03:30 PM before Judge Vernon S. Broderick. (tg)
Dec 22, 2025
Case Designated ECF. (kgo)
Dec 22, 2025
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)
Dec 22, 2025
Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)
#4
Dec 23, 2025
ORDER TRANSFERRING VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY: Accordingly, it is hereby: ORDERED that this action be transferred to the U.S. District Court for the District of New Jersey under 28 U.S.C. § 1631. IT IS FURTHER ORDERED that the seven- day waiting period in Local Civil Rule 83.1 shall be waived. IT IS FURTHER ORDERED that, as part of this transfer, further action of the pending Order to Show Cause why a petition for a writ of habeas corpus should not be granted shall be left to the discretion of the District Court Judge assigned upon the transfer. IT IS FURTHER ORDERED that, in accordance with my previously issued Order to Show Cause, (Doc. 3), Petitioner shall not be transferred out of the United States absent further order of this court or the District Court Judge assigned upon the transfer. The Clerk of Court is respectfully directed to effectuate the transfer of this action to the U.S. District Court for the District of New Jersey immediately. (Signed by Judge Vernon S. Broderick on 12/23/2025) (rro) (Entered: 12/23/2025)
Main Document: ORDER TRANSFERRING VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY: Accordingly, it is hereby: ORDERED that this action be transferred to the U.S. District Court for the District of New Jersey under 28 U.S.C. § 1631. IT IS FUR THER ORDERED that the seven- day waiting period in Local Civil Rule 83.1 shall be waived. IT IS FURTHER ORDERED that, as part of this transfer, further action of the pending Order to Show Cause why a petition for a writ of habeas corpus should not b e
Dec 23, 2025
MAILING RECEIPT: Document No: 2. Mailed to: Jose Juarez Tiburcio . (tp)
Dec 23, 2025
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(rro)
#5
Dec 29, 2025
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:25-cv-10617. Original file certified copy of transfer order and docket sheet received. (Entered: 12/29/2025)
Main Document: Case Transferred In - District Court Transfer
Dec 29, 2025
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)
Dec 29, 2025
Notice of Judicial Preferences
Dec 29, 2025
Add and Terminate Judges
Dec 29, 2025
Judge Georgette Castner added. (dmr3)
#6
Dec 31, 2025
MEMORANDUM & ORDER that the 1 petition is DISMISSED without prejudice for lack of jurisdiction; that the 3 OTSC is VACATED; that the Orders restricting Petitioner's transfer from the SDNY, EDNY, or DNJ and prohibiting his removal from the United States are LIFTED. Signed by Judge Georgette Castner on 12/31/2025. (jjc, ) (Entered: 12/31/2025)
Main Document: Memorandum AND Order
Dec 31, 2025
Terminate Civil Case
Dec 31, 2025
***Civil Case Terminated. (jjc, )
Jan 06, 2026
Filing fee: $ 5, receipt number 53215 (jr)
Jan 07, 2026
Filing Fee Received
#7
Jan 16, 2026
AMENDED COMPLAINT against PAM BONDI, KRISTI NOEM, Luis Soto, John Tsoukaris, Todd M Lyons, filed by JOSE JUAREZ TIBURCIO. (Attachments: # 1 Exhibit A - Fernandez Declaration, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Email Parent Directive Request, # 4 Exhibit D - I-830)(HERR, ILANA) (Entered: 01/16/2026)
Main Document: Amended Complaint
#8
Jan 16, 2026
MOTION for Leave to Appear Pro Hac Vice for Erica Rodarte by JOSE JUAREZ TIBURCIO. (Attachments: # 1 Exhibit Affidavit of Erica Rodarte)(HERR, ILANA) (Entered: 01/16/2026)
Main Document: Appear Pro Hac Vice
#9
Jan 16, 2026
MOTION to Seal by JOSE JUAREZ TIBURCIO. (HERR, ILANA) (Entered: 01/16/2026)
Main Document: Seal
#10
Jan 16, 2026
CERTIFICATE OF SERVICE by JOSE JUAREZ TIBURCIO re 7 Amended Complaint, (HERR, ILANA) (Entered: 01/16/2026)
Main Document: Certificate of Service
#11
Jan 16, 2026
Mail Returned as Undeliverable. Mail sent to JOSE JUAREZ TIBURCIO. (mlh) (Entered: 01/20/2026)
Main Document: Mail Returned
Jan 16, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Jan 16, 2026
Set Deadlines as to 9 MOTION to Seal . Motion set for 2/17/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht)
Jan 20, 2026
Set Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice for Erica Rodarte. Motion set for 2/17/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
Jan 20, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#12
Jan 22, 2026
MOTION for Order to Show Cause in Support of First Amended Emergency Verified Petition for Writ of Habeas Corpus and Complaint by JOSE JUAREZ TIBURCIO. (Attachments: # 1 Exhibit Aff. in Support of Application for OSC, # 2 Text of Proposed Order)(HERR, ILANA) (Entered: 01/22/2026)
Main Document: Show Cause
#13
Jan 22, 2026
MEMORANDUM & ORDER denying without prejudice Petitioner's request for an order transferring him back to the District of new Jersey; that the Petitioner shall not be transferred from his current location or removed from the United States, pending further order of this Court; that Respondents shall file answer to Amended Petition within twenty-one days. (N/M). Signed by Judge Georgette Castner on 1/22/2026. (lag, ) (Entered: 01/22/2026)
Main Document: Order to Answer
#14
Jan 23, 2026
MOTION for Reconsideration re 6 Memorandum,, Order, by JOSE JUAREZ TIBURCIO. (Attachments: # 1 Text of Proposed Order)(HERR, ILANA) (Entered: 01/23/2026)
Main Document: Reconsideration
#15
Jan 23, 2026
Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney MICHAEL KEVIN O'LEARY for PAM BONDI,MICHAEL KEVIN O'LEARY for LADEON FRANCIS,MICHAEL KEVIN O'LEARY for Todd M Lyons,MICHAEL KEVIN O'LEARY for KRISTI NOEM,MICHAEL KEVIN O'LEARY for John Tsoukaris added.. (O'LEARY, MICHAEL) (Entered: 01/23/2026)
Main Document: Substitution of Attorney
Jan 23, 2026
Set Deadlines as to 12 MOTION for Order to Show Cause in Support of First Amended Emergency Verified Petition for Writ of Habeas Corpus and Complaint. Motion set for 2/17/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)
Jan 23, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Jan 26, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Jan 26, 2026
Set Deadlines as to 14 MOTION for Reconsideration re 6 Memorandum,, Order, . Motion set for 2/17/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)
Jan 26, 2026
CLERK'S QUALITY CONTROL MESSAGE - A "NOTICE OF MOTION" was not submitted with 14 "MOTION" submitted by ILANA R. HERR on 1/23/2026. PLEASE SUBMIT THE MISSING DOCUMENT(S) ONLY USING THE EVENT: Civil Events -> Other Filings -> Other Documents -> Exhibit (to Document). (mlh)
Jan 26, 2026
QC - Motion - Missing Supporting Document
#16
Jan 27, 2026
Exhibit to 14 Motion for Reconsideration, Notice of Motion by JOSE JUAREZ TIBURCIO. (HERR, ILANA) (Entered: 01/27/2026)
Main Document: Exhibit (to Document)
#17
Feb 12, 2026
ANSWER to Amended Complaint by PAM BONDI, LADEON FRANCIS, Todd M Lyons, KRISTI NOEM, Luis Soto, John Tsoukaris.(O'LEARY, MICHAEL) (Entered: 02/12/2026)
Main Document: Answer to Amended Complaint
#18
Feb 26, 2026
BRIEF, Reply in Further Support of Petitioner's First Amended Verified Petition for Writ of Habeas Corpus and Complaint (HERR, ILANA) (Entered: 02/26/2026)
Main Document: Brief
#19
Mar 04, 2026
MEMORANDUM AND ORDER granting 8 Motion for Leave to Appear Pro Hac Vice admission as to ERICA RODARTE. The 7 Amended Petition is GRANTED. Within seven (7) days of the date of entry of this Order, Respondents shall provide Petitioner with an individualized bond hearing. The 9 Motion to Seal is DENIED without prejudice. Terminating 12 Motion for Order to Show Cause. The 14 Motion for Reconsideration is DENIED. Signed by Judge Georgette Castner on 3/4/2026. (kht)
Main Document: Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Reconsideration AND Order on Motion to Seal AND Order on Motion to Show Cause
#20
Mar 11, 2026
Letter from Respondents re 19 Order on Motion for Leave to Appear,, Order on Motion to Seal,, Order on Motion for Order to Show Cause,, Order on Motion for Reconsideration,. (Attachments: # 1 Exhibit IJ Order)(O'LEARY, MICHAEL) (Entered: 03/11/2026)
Main Document: Letter
#21
Mar 13, 2026
STATUS REPORT by JOSE JUAREZ TIBURCIO. (HERR, ILANA) (Entered: 03/13/2026)
Main Document: Status Report
#22
Mar 16, 2026
TEXT ORDER: This matter comes before the Court on Petitioner's letter request for the Court to order his immediate release from immigration detention. (ECF No. 21 at 2.) Petitioner has established that, since the IJ granted release on bond on March 10, 2026, Petitioner and his counsel have diligently attempted to post bond, and successfully submitted the bond payment on March 12, 2026, but ICE has failed to approve the bond payment and release Petitioner pursuant to the IJ's March 10, 2026 order and this Court's March 4, 2026 Memorandum and Order (ECF No. 19 ) concluding that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, and ordering Respondents to provide an expeditious bond hearing before an IJ. (ECF No. 21 at 1-2.) Accordingly, the request for immediate release is GRANTED. Within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner from immigration detention, subject to the same conditions, if any, that existed prior to his detention, and provide written notice to the Court of Petitioner's release from custody. So Ordered by Judge Georgette Castner on 3/16/2026. (jmh) (Entered: 03/16/2026)
Mar 16, 2026
Text Order
#23
Mar 17, 2026
Letter from Respondents re 22 Text Order,,,,. (O'LEARY, MICHAEL) (Entered: 03/17/2026)
Main Document: Letter
#24
Mar 18, 2026
TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 19 .) The bond hearing has now occurred, the IJ ordered Petitioner's release on bond, and Petitioner has been released. (ECF No. 20 ; ECF No. 23 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 3/18/2026. (jmh) (Entered: 03/18/2026)
Mar 18, 2026
Order of Dismissal
Mar 27, 2026
Pro Hac Vice Fee Received
Mar 27, 2026
Pro Hac Vice fee Received for Erica Rodarte: $ 250, receipt number TRE148580 (arm)