District of New Jersey • 3:26-cv-00820

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Jan 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17031928.), filed by NELSON MATUTE MATUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - Reinstatement Order, # 4 Exhibit B - Notice of Referral to Immigration Judge, # 5 Exhibit C - Release Notification, # 6 Exhibit D - Declaration, # 7 Exhibit E - Notice of Revocation of Release)(HUFSTADER, REBECCA) (Entered: 01/26/2026)

Jan 27, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Jan 27, 2026

Judge Georgette Castner added. (jjc, )

Jan 27, 2026

Add and Terminate Judges

Jan 27, 2026

Notice of Judicial Preferences

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Jan 28, 2026

MEMORANDUM & ORDER TO ANSWER denying Petitioner's request for an OTSC & Petitioner shall not be transferred from the District of New Jersey or Removed from the United States; The Clerk is directed to serve respondents a copy of the 1 Petition & this Memorandum & Order electronically; Within 21 days from the date of this Order Respondents shall file a full and complete answer. Signed by Judge Georgette Castner on 1/28/2026. (jal, ) (Entered: 01/28/2026)

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Jan 29, 2026

Substitution of Attorney

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Feb 18, 2026

Response to Habeas Petition

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Feb 20, 2026

Reply to Response (NOT Motion)

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Apr 06, 2026

Letter

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Apr 07, 2026

TEXT ORDER: This matter comes before the Court on the "Letter from Respondents re: Request to Transfer Petitioner" ("Letter"). (ECF No. 6 ). Within three (3) days of the date of entry of this Text Order, Petitioner shall file a response to this Letter. So Ordered by Judge Georgette Castner on 4/7/2026. (jmh) (Entered: 04/07/2026)

Apr 07, 2026

Text Order

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Apr 08, 2026

Letter

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Apr 14, 2026

Letter

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Apr 20, 2026

Letter

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May 26, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), Respondents' expedited answer (ECF No. 4 ), and Petitioner's reply (ECF No. 6 ). Petitioner claims, inter alia, that "Respondents violated 8 C.F.R. § 241.4(l) [and the Accardi doctrine requiring agencies to follow their own regulations or procedures affecting the fundamental rights of individuals, United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954)] by revoking his order of supervision [(OSUP)] without... the required informal interview 'to afford [him] an opportunity to respond'" (ECF No. 5 at 1 (alteration in original).) The Court agrees with Petitioner. Respondents indicate that Petitioner's claim is barred by 8 U.S.C. § 1252(b)(9), which channels judicial review of all questions of law and fact arising from any action taken or proceeding brought to remove an alien from the United States into a single petition for review filed with a federal court of appeals, see Khalil v. President, U.S., 164 F.4th 259, 265 (3d Cir. 2026) (alteration in original). (ECF No. 4 at 3.) However, "the Third Circuit has 'distinguished between detention-specific claims, which are collateral to petitions for review, and detention claims which are 'inextricably linked' to removal and must be channeled to petitions for review under § 1252(b)(9).'" V.S.P.H. v. Soto, No. 25-18835, 2026 WL 371162, at *2 (D.N.J. Feb. 10, 2026) (citation omitted)). This Court has subject matter jurisdiction over Petitioner's claim that Respondents failed to follow their own procedures in detaining Petitioner because this collateral claim has no bearing on the validity of the underlying reinstated final order of removal and does not implicate issues decided through the petition for review process. See id. As to the merits of Petitioner's § 241.4(l)/Accardi claim, it is undisputed that, upon revocation of release, "[t]he alien will be afforded an initial informal interview promptly after his or her return to Service custody to afford the alien an opportunity to respond to the reasons for revocation stated in the notification," 8 C.F.R. 241.4(l)(1), and, although he was taken into custody on January 6,, 2026, Petitioner has not been afforded a prompt informal interview to dispute the reasons for the revocation stated in the notification. Furthermore, it appears that, if accorded a prompt informal interview, Petitioner would have disputed the reason provided in the notification for revoking his OSUP. (See ECF No. 1-7 (Notice of Revocation of Release) (alleging that Petitioner failed to comply with "GPS monitoring conditions"); ECF No. 1 Para. 48 ("Mr. Matute was wearing a functioning GPS ankle monitor when he was arrested and does not believe that he violated any conditions." (citing ECF No. 1-6 8)).) For the foregoing reasons, the Petition is GRANTED, and the Court ORDERS that, within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner subject to the terms of his preexisting OSUP. See V.S.P.H., 2026 WL 37162, at *3 (ordering immediate release where there is no indication that Respondents complied with their own procedures before detaining Petitioner in violation of her due process rights); Martinez v. Jamieson, No. 26-0718, 2026 WL 700335, at *4-8 (E.D. Pa. Mar. 12, 2026) (ordering immediate release where Respondents failed to provide informal interview under § 241.4(l)(1)). Respondents ask the Court to vacate its January 28, 2026 Memorandum and Order (ECF No. 2 ) to the extent it prohibits Petitioner's transfer from the District of New Jersey pending further order of the Court because U.S. Immigration and Customs Enforcement is prepared to begin removal efforts, including moving Petitioner to another staging location to effectuate Petitioner's removal to an (unidentified) third country. (ECF Nos. 6, 9 .) The Respondents' requests are DENIED because the Court has granted the Petition and ordered Petitioner's immediate release from custody. So Ordered by Judge Georgette Castner on 5/26/2026. (jmh) (Entered: 05/26/2026)

May 26, 2026

Text Order

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May 27, 2026

Letter

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May 28, 2026

TEXT ORDER: This matter comes before the Court on Respondents' letter notifying the Court that Petitioner was released from immigration detention on May 26, 2026, pursuant to this Court's May 26, 2026 Text Order (ECF No. 11 ), and requesting that the Court close this action. (ECF No. 12 at 1.) The Court GRANTS Respondents' request. Accordingly, the Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey and his removal from the United States pending further order of this Court. The Clerk of the Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 5/28/2026. (jmh) (Entered: 05/28/2026)

May 28, 2026

Order of Dismissal AND Text Order