District of New Jersey • 2:26-cv-00721

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Jan 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17022295.), filed by JACINTO SANCHEZ URBINA. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 01/23/2026)

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Jan 23, 2026

MOTION for Temporary Restraining Order by JACINTO SANCHEZ URBINA. (KAPITONOV, PETER) (Entered: 01/23/2026)

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Jan 23, 2026

TEXT ORDER : This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet.")). Petitioner also filed an emergency motion for a temporary restraining order prohibiting Respondents from transferring Petitioner outside the jurisdiction of the District of New Jersey and/or removing him from the United States and an order to show cause. (D.E. No. 2 ("Emergency Motion" or "Emergency Mot."))). 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 Emergency Motion is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. [2.] According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and a recent decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 53-54, 58). Under 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), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) since at least 2005, Petitioner has continuously resided in the United States; (ii) Petitioner has no criminal record and is an active member of the community; and (iii) on January 14, 2026, in the interior of the United States, Petitioner was arrested at Petitioner's jobsite in Hicksville, New York. (Pet. at Paras. 34, 41-42 ; Emergency Mot. Para. 2). Based on these alleged facts, Diaz Rudecindo controls this present matter. Rudecindo Diaz, 2025 WL 3470299, at *4. In accordance with 8 U.S.C. § 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). 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 Diaz Rudicendo does not control, 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. Finally, the Clerk of Court shall forward a copy of the Petition (D.E. No. 1 ), the attachment to the Petition (D.E. No. 1 -1), the Emergency Motion (D.E. No. 2 ), 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 Esther Salas on 1/23/2026. (ek) (Entered: 01/23/2026)

Jan 23, 2026

Case Assigned/Reassigned

Jan 23, 2026

Text Order

Jan 23, 2026

Case assigned to Judge Esther Salas. (tjg, )

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Feb 03, 2026

Substitution of Attorney

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Feb 03, 2026

Status Report