UMANA v. WARDEN
| New Jersey District Court | |
| Judge: | Jamel K Semper |
| Case #: | 2:26-cv-10514 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Aug 18, 2026 |
| Last checked: Tuesday Aug 18, 2026 2:01 PM EDT |
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Notice Only
Pro Se Law Clerks plc
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Petitioner
RODOLFO ATILIO UMANA
A 222-573-601 DELANEY HALL DETENTION FACILITY 451 DOREMUS AVENUE
NEWARK, NJ 07105 |
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Respondent
WARDEN
Delaney Hall Detention Facility DELANEY HALL DETENTION FACILITY 451 Doremus Ave
Newark, NJ 07105 |
Represented By
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| Docket last updated: 09/22/2026 11:59 PM EDT |
| Monday, September 21, 2026 | ||
| 11 | 11
misc
Letter
Mon 09/21 11:10 AM
Letter from Petitioner. (CANDIA, WILLIAM) |
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| 10 | 10
notice
Notice of Appearance
Mon 09/21 11:06 AM
NOTICE of Appearance by WILLIAM MARIO CANDIA on behalf of RODOLFO ATILIO UMANA (CANDIA, WILLIAM) |
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| Thursday, September 03, 2026 | ||
| 9 | 9
misc
Letter
Tue 09/08 1:41 PM
Reply to8 Letter from RODOLFO ATILIO UMANA. (pm, ) |
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| Wednesday, September 02, 2026 | ||
| 8 | 8
misc
Letter
Wed 09/02 6:26 PM
Letter from Respondents re 7 Text Order,,,,,. (STRATIGEAS, CHRISTOPHER) |
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| Friday, August 28, 2026 | ||
| 7 | 7
order
Text Order
Fri 08/28 3:47 PM
TEXT ORDER: The Court has reviewed the Petition (ECF No. 1), Respondents' Answer (ECF No. 5), and Petitioner's Exhibits (ECF No. 6). Respondents contend that Petitioner is mandatorily detained under 8 U.S.C. § 1225(b)(1)(B)(iii)(IV), or alternatively under 8 U.S.C. § 1231(a), based on an August 12, 2026 expedited-removal order. (ECF No. 5.) Respondents, however, state that Petitioner's date and location of entry are "unknown." (Id. at 1.) Petitioner has submitted evidence, including tax filings dating to at least 2020, that appears to establish her presence in the United States years before her August 2026 apprehension. (ECF No. 6.) Respondents have not adequately addressed how Petitioner falls within the class of noncitizens subject to expedited removal under 8 U.S.C. § 1225(b)(1), or why the administrative finality of the expedited-removal order, standing alone, establishes detention authority where the statutory predicate for expedited removal is disputed. See 8 U.S.C. § 1225(b)(1)(A)(i); 8 C.F.R. § 235.3(b)(7). Accordingly, Respondents shall file a supplemental response addressing these issues, including the factual and statutory basis for Petitioner's placement in expedited removal and the applicability of § 1231(a), no later than five (5) days from the date of this Order. Petitioner may reply within two (2) days thereafter. So Ordered by Judge Jamel K. Semper on 8/28/2026. (ps) |
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| Wednesday, August 26, 2026 | ||
| 6 | 6
misc
Exhibit (to Document)
Thu 08/27 2:42 PM
PETITIONER'S EXHIBITS in Support of1 Petition for Writ of Habeas Corpus and Request for Emergency Relief by RODOLFO ATILIO UMANA. (sks) |
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| Monday, August 24, 2026 | ||
| 5 | 5
misc
Letter
Mon 08/24 9:40 PM
Letter from Respondents re: Petitioner's Final Order of Removal re3 Emergent Immigration Habeas Non-transfer Order.(STRATIGEAS, CHRISTOPHER) |
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Att: 1
Exhibit A - August 12, 2026 Form I-213 Record of Deportable_Inadmissible Alien,
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Att: 2
Exhibit B - August 12, 2026 Form I-860 Notice and Order of Expedited Removal
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| 4 | 4
notice
Notice of Appearance
Mon 08/24 9:38 PM
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of WARDEN (STRATIGEAS, CHRISTOPHER) |
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| Tuesday, August 18, 2026 | ||
| 3 | 3
order
Emergent Immigration Habeas Non-transfer Order
Tue 08/18 1:10 PM
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Jamel K. Semper on 8/18/2026. (pm, ) |
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| 2 | 2
motion
Temporary Restraining Order
Tue 08/18 1:09 PM
MOTION for Temporary Restraining Order by RODOLFO ATILIO UMANA. (pm, ) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Tue 08/18 1:08 PM
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54896.), filed by RODOLFO ATILIO UMANA.(pm, ) |
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Att: 1
Declaration,
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Att: 2
Exhibit
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