District of New Jersey • 3:26-cv-00142

#1

Jan 08, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET ALL. ( Filing fee $ 5 receipt number ANJDC-16977196.), filed by LUIS SOTO. (Attachments: # 1 Civil Cover Sheet COVER SHEET)(DUQUE-ISERN, STEPHANIE) (Entered: 01/08/2026)

#2

Jan 09, 2026

First MOTION for Order to Show Cause V. LUIS SOTO, ET ALL. by LUIS ANTONIO ESTRADA ORREGO. (DUQUE-ISERN, STEPHANIE) (Entered: 01/09/2026)

#3

Jan 09, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET ALL. by LUIS ANTONIO ESTRADA ORREGO. (DUQUE-ISERN, STEPHANIE) (Entered: 01/09/2026)

#4

Jan 09, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), motion for an order to show cause ("OTSC") (Motion for OTSC) (ECF No. 2 ), and motion for a temporary restraining order ("TRO") (Motion for TRO) (ECF No. 3 ). Pursuant to the All Writs Act, see 28 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. The Motion for OTSC is DENIED as moot. To the extent Petitioner moves for a TRO on the grounds that he may be transferred from the District, or removed from the United States (see ECF No. 3 at 1), the TRO Motion is DENIED as moot. To the extent that Petitioner seeks a TRO ordering his immediate release from immigration detention (see id. at 1), the TRO Motion is DENIED without prejudice because such remedies are greater than the relief Petitioner could obtain in his underlying Petition. As Petitioner indicates, even under his reading of the relevant immigration statutes, he is still subject to detention under 8 U.S.C. § 1226(a), albeit with an entitlement to seek release on bond. (See ECF No. 1 Para. 30.) The Clerk of Court shall terminate the Motions pending at ECF No. 2 and ECF No. 3 . According to the Petition, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (See ECF No. 1 Para. 26.) Under this Court's recent decision in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (1) since approximately 2016, Petitioner has continuously resided in the United States; (2) he has no criminal history and has significant family and community ties to the United States (including a U.S. citizen infant son and a U.S. citizen stepson with autism); and (2) on or about December 6, 2025, in the interior of the United States, Petitioner was detained by ICE officers while he was on his way to work. (ECF No. 1 Paras. 23-24.) Based on these alleged facts, Chen controls this present matter. Chen, 2025 WL 3527239, at *4. In accordance with 8 U.S.C. § 1226(a), within seven (7) 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 he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Chen does not control, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attached document (ECF No. 1-1), the Motion for OTSC (ECF No. 2 ), the Motion for TRO (ECF No. 3 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 1/9/2026. (jmh) (Entered: 01/09/2026)

Jan 09, 2026

Text Order AND ~Util - Terminate Motions

Jan 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jan 09, 2026

Case Assigned/Reassigned

Jan 09, 2026

Docket Annotation (public)

Jan 09, 2026

4 Text Order and ECF Nos. 1, 2, and 3 emailed to USANJ-HabeasCases@usdoj.gov. (jmh)

Jan 09, 2026

Set Deadlines as to 2 First MOTION for Order to Show Cause V. LUIS SOTO, ET ALL.. Motion set for 2/2/2026 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. (dmr3)

Jan 09, 2026

Case Assigned to Judge Georgette Castner. (ps)

#5

Jan 10, 2026

Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney ANDREW BOCCIO for PAMELA BONDI,ANDREW BOCCIO for TODD LYONS,ANDREW BOCCIO for KRISTI NOEM,ANDREW BOCCIO for LUIS SOTO,ANDREW BOCCIO for JOHN TSOUKARIS added.. (BOCCIO, ANDREW) (Entered: 01/10/2026)