District of New Jersey • 3:26-cv-01530
PEREDES MIRES v. WARDEN, DELANEY HALL DETENTION FACILITY
Active
Case Information
Filed: February 13, 2026
Assigned to:
Georgette Castner
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
March 04, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 13, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK53485.), filed by MARCOS ANTONIO PEREDES MIRES.(dmr3) (Entered: 02/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
Feb 17, 2026
Judge Georgette Castner added. (dmr3)
Feb 17, 2026
Add and Terminate Judges
Feb 17, 2026
Notice of Judicial Preferences
Feb 17, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)
#2
Feb 19, 2026
TEXT ORDER: This matter is before the Court on Petitioner's pro se petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) 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. Based on Petitioner's allegations, Respondents are evidently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b). 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 August 16, 2022, Petitioner entered the United States; (2) Petitioner has a pending asylum proceeding, has no criminal record, and has attended all required U.S. Immigration and Customs Enforcement ("ICE") check-ins and immigration court hearings, and his partner is currently six months pregnant; and (3) on January 11, 2026, Petitioner was detained by ICE officers while attending a scheduled reporting appointment in Newark, New Jersey. (ECF No. 1 at 2, 6-8.) 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. The Clerk of the Court shall serve a copy of this Text Order upon Petitioner by regular U.S. mail. Finally, the Clerk of the Court shall forward a copy of the Petition (ECF No. 1) 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 2/19/2026. (jmh) (Entered: 02/19/2026)
#3
Feb 19, 2026
Substitution of Attorney
Main Document:
Substitution of Attorney
Feb 19, 2026
Docket Annotation (public)
Feb 19, 2026
2 Text order sent to Petitioner via USPS, and sent to USANJ-HabeasCases@usdoj.gov with ECF No. 1 on 2/19/2026. (jmh)
Feb 19, 2026
Text Order
#4
Mar 02, 2026
Letter
Main Document:
Letter
#5
Mar 04, 2026
TEXT ORDER: This matter comes before the Court on the Respondents' letter (Letter) requesting that the Court close this case. (ECF No. 4 .) Within twenty-one (21) days of the date of entry of this Text Order, Petitioner shall file a response to this Letter explaining why this Court should not (1) close the matter on the grounds that all relief has been granted; and (2) lift 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 serve a copy of this Text Order upon Petitioner by regular U.S. mail. So ordered by Judge Georgette Castner on 3/4/2026. (jmh) (Entered: 03/04/2026)
Mar 04, 2026
Docket Annotation (public)
Mar 04, 2026
5 Text Order sent to Petitioner via USPS on 3/4/2026. (jmh)
Mar 04, 2026
Text Order
Parties
PEREDES MIRES
Party
WARDEN, DELANEY HALL DETENTION FACILITY
Party