govinfo:USCOURTS-njd-3_26-cv-07038-0

NOT FOR PUBLICATION 
 
UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
 
 
LUIS HERNAN ROCHEZ MATUTE, 
 
Petitioner, 
 
v. 
 
JASON BENZEL, et al 
Warden 
 
Respondents. 
 
 
 
 
 
 
Civil Action No. 26-7038 (GC) 
 
MEMORANDUM & ORDER 
 
 Petitioner Luis Hernan Rochez Matute is proceeding pro se with a petition (Petition) for a 
writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“§ 2241”).1 (ECF No. 1.) According to his 
Petition, Petitioner is being held in immigration detention at the Elizabeth Contract Detention 
Facility in Elizabeth, New Jersey. (Id. at 2.) Petitioner requests an order enjoining his transfer. 
(Id. at 9.) 
Chief Judge Renee Marie Bumb has entered a Text Order enjoining Petitioner’s transfer 
from New Jersey pending further Order of the Court. (ECF No. 2.) 
Under Rule 4 of the Rules Governing Section 2254 Cases (“Habeas Rule”), applicable to 
§ 2241 cases through Habeas Rule 1(b), the Court must promptly examine the Petition to determine 
whether it should be dismissed on the grounds that “it plainly appears from the petition and any 
attached exhibits that the petitioner is not entitled to relief.” “If the petition is not dismissed, the 
 
1 Petitioner names as Respondents : Jason Benzel, Warden of the Elizabeth Contract 
Detention Facility; David Venturella, Acting Director of ICE; Markwayne Mullin, Secretary of 
DHS; and Todd Blanche, AG. (ECF No. 1 at 2.) PageID: <pageID>
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judge must order the respondent to file an answer, motion, or other response within a fixed time, 
or to take other action the judge may order.” Habeas Rule 4. This Court has screened the Petition 
for dismissal pursuant to Habeas Rule 4 and has determined that dismissal without an expedited 
answer and production of the record is not warranted. 
Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a) (empowering the federal courts to 
“issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the 
usages and principles of law”), the Court orders that Petitioner shall not be transferred from the 
District of New Jersey, or removed from the United States, pending further order of this Court. 
IT IS, therefore, on this 18th day of June, 2026, ORDERED as follows 
ORDERED that 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; and it is further 
ORDERED that the Clerk of the Court shall serve a copy of the Petition (ECF No. 1), the 
attachment to the Petition (ECF No. 1-1), and this Memorandum and Order upon Respondents by 
electronic mail and regular U.S. Mail, with all costs of service advanced by the United States; and 
it is further 
ORDERED that the Clerk of the Court shall serve a copy of the Petition (ECF No. 1), the 
attachment to the Petition (ECF No. 1 -1), and this Memorandum and Order to the Chief, Civil PageID: <pageID>
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Division, United States Attorney’s Office, at the following email address: USANJ -
HabeasCases@usdoj.gov; and it is further 
ORDERED that, within seven (7) days of the date of entry of this Memorandum and Order, 
Respondents shall file a full and complete answer to the Petition (ECF No. 1), which responds to 
the factual and legal allegations of the Petition; and it is further 
ORDERED that the answer shall state the statutory authority for Petitioner's detention, see 
28 U.S.C. § 2243, and provide the relevant legal analysis and record; and it is further 
ORDERED that Respondents shall raise in the answer any appropriate defenses and 
relevant legal arguments with citations to appropriate legal authority; and it is further 
ORDERED that Respondents shall file and serve with the answer certified copies of the 
administrative record and all other documents relevant to Petitioner’s claims; and it is further 
ORDERED that all exhibits to the answer must be identified by a descriptive name in the 
electronic filing entry, for example: 
“Exhibit #1 Transcript of [type of proceeding] held on XX/XX/XXXX” or 
“Exhibit #2 Opinion entered on XX/XX/XXXX by Judge YYYY”; and it is further 
ORDERED that Petitioner may file and serve a reply in support of the Petition within five 
(5) days after the answer is filed; and it is further 
ORDERED that within three (3) days after any change in Petitioner’s custody or 
immigration status (be it release or otherwise) occurring any time during the pendency of this case, PageID: <pageID>
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Respondents shall electronically file a written notice of the same with the Clerk of the Court; and 
it is further 
ORDERED that the Clerk of Court shall send Petitioner a copy of this Memorandum and 
Order by regular U.S. mail. 
 
 
______________________________ 
 GEORGETTE CASTNER 
 United States District Judge PageID: <pageID>

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