District of New Jersey • 3:26-cv-01076

#1

Feb 03, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17059638.), filed by Carlos L RAMIREZ AGUILAR. (Attachments: # 1 Exhibit NTA, # 2 Exhibit I-213, # 3 Exhibit EOIR-26, # 4 Exhibit Dr. Greenberg's Report, # 5 Exhibit Declaration of Counsel, # 6 Proposed Order, # 7 Supplement Cover Letter)(BRUCKI, MICHAEL) (Entered: 02/03/2026)

Feb 04, 2026

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

Feb 04, 2026

Judge Georgette Castner added. (alg)

Feb 04, 2026

Notice of Judicial Preferences

Feb 04, 2026

Add and Terminate Judges

#2

Feb 05, 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 .) According to Petitioner, "[t]he Immigration Judge [('IJ')} declined to consider bond, asserting lack of jurisdiction based on Petitioner's manner of entry," and, as a result, Petitioner's "detention has continued without any meaningful procedural safeguard, despite prolonged duration, lack of flight risk, lack of danger, and severe mental illness." (Pet. Paras. 18-19.) Based on Petitioner's allegations, Respondents are evidently 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 the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Under this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 ("Mistry Jan. 28, 2026 Mem. & Order"), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, Chen, 2025 WL 3527239, at *2-4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. Specifically, it appears that, inter alia: (1) on or about May 5, 2024, Petitioner entered the United States at or near the Lukeville, Arizona border sector without inspection; (2) in July 2024, U.S. Citizenship and Immigration Services made a positive credible fear finding, a Notice to Appear was issued, and Petitioner was released on "interim parole;" and (3) on August 24, 2025, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") officers at ICE's Newark, New Jersey office. (ECF No.1-2 at 2.) Based on these alleged facts, this Court's rulings in Chen, Flores, and Mistry control this present matter. Chen, 2025 WL 3527239, at *4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. 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 IJ 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. Alternatively, if Respondents contend that this Court's decisions do 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 the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -7), 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 2/5/2026. (jmh) (Entered: 02/05/2026)

Feb 05, 2026

Text Order

#3

Feb 09, 2026

Substitution of Attorney

#4

Feb 17, 2026

Letter

Feb 27, 2026

Order of Dismissal AND Text Order