District of New Jersey • 2:26-cv-00601

#1

Jan 20, 2026

First PETITION for Writ of Habeas Corpus V. ERIC ROKOSKY, ET ALL. ( Filing fee $ 5 receipt number ANJDC-17008378.), filed by MARVIN ORLANDO JACOBO XIL. (Attachments: # 1 Civil Cover Sheet COVER SHEET)(DUQUE-ISERN, STEPHANIE) (Entered: 01/20/2026)

#2

Jan 20, 2026

First MOTION for Order to Show Cause V. ERIC ROKOSKY, ET ALL. by MARVIN ORLANDO JACOBO XIL. (DUQUE-ISERN, STEPHANIE) (Entered: 01/20/2026)

#3

Jan 20, 2026

First MOTION for Temporary Restraining Order V. ERIC ROKOSKY, ET ALL. by MARVIN ORLANDO JACOBO XIL. (DUQUE-ISERN, STEPHANIE) (Entered: 01/20/2026)

#4

Jan 20, 2026

TEXT ORDER, Pursuant to the Court's Authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are TEMPORARILY ENJOINED from transferring Petitioner from New Jersey or removing him from the United States while this habeas proceeding is pending. So Ordered by Judge Madeline Cox Arleo on 1/20/2026. (aa, ) (Entered: 01/20/2026)

Jan 20, 2026

Case Assigned/Reassigned

Jan 20, 2026

Order

Jan 20, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

Jan 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Jan 23, 2026

Amend/Correct

Jan 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#6

Feb 20, 2026

Letter

#7

Feb 26, 2026

Order on Motion for TRO AND Order on Motion to Amend/Correct AND Order on Motion to Show Cause

#8

Feb 27, 2026

Notice of Appearance

#9

Mar 02, 2026

Response to Habeas Petition

#10

Mar 03, 2026

Reply to Response (NOT Motion)

#11

Mar 06, 2026

Response to Order to Show Cause

Mar 09, 2026

QC - Generic Message

#12

Mar 17, 2026

Letter

#13

Mar 17, 2026

TEXT ORDER - Petitioner MARVIN ORLANDO JACOBO XIL is a citizen of Guatemala who entered the United States as an unaccompanied minor in February of 2019, was placed in removal proceedings, and released from custody. (See ECF No. 9 at 2.) Respondents admit that, on February 2, 2024, United States Citizenship and Immigration Services ("USCIS") approved Petitioner's Form I-360, Petition for Special Immigrant Juvenile ("SIJ") classification and deferred action but contend that USCIS terminated his deferred action status on February 27, 2026, while this matter was pending. (ECF No. 9-2, at 2; ECF No. 9-9.) In the meantime, an Immigration Judge ordered Petitioner removed on February 22, 2026 (ECF No. 9-7), but he has appealed that removal order to the BIA. (ECF No. 10-1.) Respondents assert in the Answer that that ICE has detained Petitioner without bond pursuant to § 1225(b)(2). (See ECF No. 9 at 3.) Pursuant to recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) and Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), this Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner by March 18, 2026, at 3 p.m. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from rearresting Petitioner under § 1225(b) and are TEMPORARILY ENJOINED from rearresting him under § 1226(a) for 14 days. IT IS FURTHER ORDERED that by 5 p.m. on March 18, 2026, Respondents shall file a status report confirming the time of Petitioner's release and requesting that this matter be closed. Once Petitioner is released, the Court shall lift the temporary stay of transfer and removal. So Ordered by Judge Madeline Cox Arleo on 3/17/2026. (aa, ) (Entered: 03/17/2026)

Mar 17, 2026

Order

#14

Mar 18, 2026

Letter

#15

Mar 19, 2026

Letter

#16

Mar 20, 2026

Order of Dismissal

#17

Mar 24, 2026

Order