District of New Jersey • 3:26-cv-01183

#1

Feb 05, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17069083.), filed by PORFIRIO CRUZ-SANCHEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Judge's Order)(ROMERO, CUSTODIO) (Entered: 02/05/2026)

#2

Feb 06, 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, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 at 7.) 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) in 2012, Petitioner entered the United States without being inspected or detained; (2) Petitioner has resided in the United States for over ten years and has full custody of a four-year old United States citizen daughter; and (3) in the interior of the United States, Petitioner was arrested and detained. (ECF No. 1 at 1, 7.) 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 & 1 -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 Georgette Castner on 2/6/2026. (jmh) (Entered: 02/06/2026)

Feb 06, 2026

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

Feb 06, 2026

Notice of Judicial Preferences

Feb 06, 2026

Add and Terminate Judges

Feb 06, 2026

Judge Georgette Castner added. (jjc, )

Feb 06, 2026

Text Order

#3

Feb 13, 2026

Letter

#4

Feb 17, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 2 .) The bond hearing has now occurred, and the IJ ordered Petitioner's release on bond. (ECF No. 3 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 2/17/2026. (jmh) (Entered: 02/17/2026)

Feb 17, 2026

Order of Dismissal AND Text Order