GUTIERREZ RAMOS v. SOTO et al
| JOSE MIGUEL GUTIERREZ RAMOS |
| LUIS SOTO, ALEXANDER CABEZAS, MARKWAYNE MULLIN and TODD BLANCHE |
| 2:2026cv05721 |
| May 19, 2026 |
| U.S. District Court for the District of New Jersey |
| Esther Salas |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 17
TEXT ORDER : This matter comes before the Court on the parties' respective letter requests to close the case, (D.E. Nos. #15 & #16 ). The requests are GRANTED. The Court LIFTS the Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and his removal from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 6/30/2026. (ek)
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| ***Civil Case Terminated. (ek) |
| Filing 16 Letter from Respondents re Removal Order and Request to Close Case. (Attachments: #1 Exhibit A (Removal Order))(HARSCH, BRADLEY) |
| Filing 15 Letter from Susan Sharko. (SHARKO, SUSAN) |
| Filing 14 Letter from AUSA Bradley A Harsch re Bond Hearing Result. (Attachments: #1 Exhibit A (bond hearing order))(HARSCH, BRADLEY) |
| Filing 13 Letter from Susan M. Sharko counsel for Habeas Petitioner Jose Miguel Gutierrez. (SHARKO, SUSAN) |
| Filing 12 Letter from AUSA Bradley A Harsch re Rescheduling of Bond Hearing. (Attachments: #1 Exhibit A (Withdrawal Order), #2 Exhibit B (Hearing Notice))(HARSCH, BRADLEY) |
| Filing 11 Letter from Susan Sharko. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(SHARKO, SUSAN) |
| Filing 10 Letter from AUSA Bradley A Harsch re Scheduling of Bond Hearing. (HARSCH, BRADLEY) |
| Filing 9 NOTICE of Appearance by BRADLEY ADAMS HARSCH on behalf of TODD BLANCHE, ALEXANDER CABEZAS, MARKWAYNE MULLIN, LUIS SOTO (HARSCH, BRADLEY) |
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Filing 8
TEXT ORDER : This matter is before the Court on Petitioner's certification, a letter from Petitioner's counsel, and two certifications executed by Petitioner's counsel. (D.E. No. #4 ; D.E. No. #5 ; D.E. No. #6 ("Pet'r Certif."); D.E. No. #7 ("Amended Counsel Certification" or "Am. Counsel Certif.")). Basedon the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. 1241, (D.E. No. #1 ), summarized in this Court's May 20, 2026 Text Order, (D.E. No. 3 ), and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). Petitioner certifies that, "[s]ince I have been in the United States, I have obeyed the law and have never been charged with or convicted of a crime." (Pet'r Certif. Para. 2). According to him, "I was the victim of a false arrest in the Dominican Republic, but to the best of my knowledge was never charged with or convicted of a crime." (Id.) Furthermore, according to the attached Form I-213 Record of Deportable/Inadmissible Alien, Petitioner has no criminal history. (Am. Counsel Certif. Para. 3). In light of Petitioner's arrest (which Plaintiff does not explain), the Court concludes that, in accordance with 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community,pursuant to 8 C.F.R. 236.1(c)(8), (d)(1). Respondents shall provide Petitioner notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Esther Salas on 5/26/2026. (ek)
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| Filing 7 Certification of Osman Yasin (Amended) on behalf of JOSE MIGUEL GUTIERREZ RAMOS Re 3 Text Order,,,,,,,,. (SHARKO, SUSAN) |
| Filing 6 Certification of Jose Miguel Gutierrez Ramos on behalf of JOSE MIGUEL GUTIERREZ RAMOS Re 3 Text Order,,,,,,,,. (SHARKO, SUSAN) |
| Filing 5 Certification of Osman Yasin on behalf of JOSE MIGUEL GUTIERREZ RAMOS Re 3 Text Order,,,,,,,,. (SHARKO, SUSAN) |
| Filing 4 Letter from Susan M. Sharko re 3 Text Order,,,,,,,,. (SHARKO, SUSAN) |
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Filing 3
TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. (D.E. No. #1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ).Pursuant to the All Writs Act, see28 U.S.C. 1651(a),Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of the Dominican Republic, alleges that, on or about February 26, 2024, he entered the United States in California, was apprehended by Customs and Border Protection upon entry, and was released on his own recognizance under 8 U.S.C. 1226 on February 27, 2024. (Pet. Para. 10; D.E. No. 1-2 at 1). Following his release, he has lived with his brother (a lawful permanent resident) in Hempstead, New York, since at least September 4, 2024. (Id. Para. 11). On or about March 3, 2026, U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner while he was on his way to work and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 12-13). Petitioner requires specialized care for a tumor forming on his back, but, despite multiple requests, he has not yet received an appointment for medical care. (Id. Para. 15). In his Petition, Petitioner fails to state whether he has any criminal history. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of Court shall forward a copy of the Petition, (D.E. No. #1 ), the attachments to the Petition, (D.E. Nos. #1 -1 through #1 -5), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: [email protected]. So Ordered by Judge Esther Salas on 5/20/2026. (ek)
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Filing 2
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Esther Salas on 5/19/26. (tjg, )
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| Filing 1 Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17439166.), filed by JOSE MIGUEL GUTIERREZ RAMOS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(SHARKO, SUSAN) |
| Case assigned to Judge Esther Salas. (tjg, ) |
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