District of New Jersey • 1:26-cv-00759

#1

Jan 26, 2026

Petition for Writ of Habeas Corpus

#2

Jan 26, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, Dkt. No. 1, (the "Petition"). Petitioner challenges his immigration detention without a bond hearing. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within 7 days, addressing any effect of Khalil v. President, United States of America, Nos. 25-2162 & 25-2357 (3d Cir. Jan. 15, 2026) on this matter, as well as the merits of the Petition. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall not be transferred or removed from New Jersey during the pendency of this habeas proceeding. So Ordered by Chief Judge Renee Marie Bumb on 01/26/2026. (Costigan, Roberta) (Entered: 01/26/2026)

Jan 26, 2026

Order

#3

Jan 27, 2026

Substitution of Attorney

#4

Jan 29, 2026

Response (NOT Motion)

#5

Jan 30, 2026

Letter

#6

Feb 05, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Pozos Rojas' Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 ("Petition" Dkt. No. 1), challenging his detention by immigration authorities under 8 U.S.C. § 1225(b)(2) as unlawful. Respondents filed an answer to the Petition ("Answer" Dkt. No. 4.) Respondents do not challenge this Court's jurisdiction and do not dispute the material facts alleged in the Petition. (Answer at 2.) Respondents submit Petitioner is lawfully detained as an applicant for admission without a bond hearing under 8 U.S.C. § 1225(b)(2), and in the absence of Third Circuit precedent, they rely on a statutory interpretation rejected by this Court and courts within this district. (Id.) Under this Court's recent decision in Marca Lemu v. Soto, No. 25-cv-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(2)), as well as other recent decisions in this District interpreting § 1225(b)(2), see e.g., Rivera Zumba v. U.S. Attorney Gen., No. 25-CV-14626(KSH), 2025 WL 2753496, at *9 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner is subject to discretionary detention under § 1226(a), which entitles him to a bond hearing. Petitioner also filed a reply brief that contains a new request for relief, review of whether ICE has the legal authority to remove him before his wife's I-130 petition on his behalf is adjudicated and he files an Unlawful Presence Waiver and receives an adjudication. (Reply, Dkt. No. 5.) New claims may not be raised in a reply brief. See e.g., Chun Nam Yeung v. Sanders, No. CIV. 11-5966 JBS/JS, 2013 WL 4008799, at *9 (D.N.J. Aug. 5, 2013). The Court will grant the relief requested in the Petition in the form of a bond hearing. Petitioner may, if he wishes, file a new habeas petition to properly assert the claim raised in his reply brief. Therefore, it is ORDERED that the Petition (Dkt. No. 1) is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven days of this 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 days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 02/05/2026. (Costigan, Roberta) (Entered: 02/05/2026)

Feb 05, 2026

Order

#7

Feb 06, 2026

Notice (Other)

#8

Feb 06, 2026

Petition for Writ of Habeas Corpus

Feb 06, 2026

QC - Incorrect Event Selected

Feb 06, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 7 AMENDED PETITION filed by JAMES HONDA on 2/6/2026 was submitted incorrectly as a NOTICE. PLEASE RESUBMIT THE petition USING *PETITION FOR WRIT OF HABEAS CORPUS* found under the *COMPLAINTS AND OTHER INITIATING DOCUMENTS MENU*. This submission will remain on the docket unless otherwise ordered by the court. (sms2)

#9

Feb 10, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Jose Pozos Rojas' Second Petition for Writ of Habeas Corpus under 28 U.S.C. 2241, Dkt. No. 8, ("Second Petition"). Petitioner challenges the United States Immigration and Custom Enforcement's ("ICE") authority to remove him without adjudicating his wife's I-130 petition and giving him the opportunity to file an Unlawful Presence Waiver application. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Second Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Second Petition within 7 days. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall not be transferred from New Jersey pending this Court's determination of its jurisdiction. So Ordered by Chief Judge Renee Marie Bumb on 02/10/2026. (Costigan, Roberta) (Entered: 02/10/2026)

Feb 10, 2026

Order

#10

Feb 13, 2026

Letter