District of New Jersey • 2:26-cv-01626

#1

Feb 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17110375.), filed by Jose David ZUNIGA JARA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ESTELA, CESAR) (Entered: 02/18/2026)

#2

Feb 18, 2026

MOTION for Temporary Restraining Order by Jose David ZUNIGA JARA. (Attachments: # 1 Memorandum Memorandum, # 2 Text of Proposed Order TRO PI Proposed Order)(ESTELA, CESAR) (Entered: 02/18/2026)

#3

Feb 18, 2026

MOTION for Leave to Appear Pro Hac Vice by Jose David ZUNIGA JARA. (Attachments: # 1 Text of Proposed Order MHV Proposed Order)(ESTELA, CESAR) (Entered: 02/18/2026)

#4

Feb 18, 2026

MOTION for Leave to Appear Pro Hac Vice Mary Foden, Esq. by Jose David ZUNIGA JARA. (Attachments: # 1 Text of Proposed Order Proposed Order)(ESTELA, CESAR) (Entered: 02/18/2026)

#5

Feb 18, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet")). Petitioner also moves for a temporary restraining order ("TRO") (D.E. No. 2 ("Motion for TRO")) and requests an order to show cause ("OTSC") (Pet. at 14). 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. The request for an OTSC is DENIED as moot. To the extent that Petitioner in his Motion for TRO seeks an order enjoining Respondents from effectuating Petitioner's removal from the District (D.E. No. 2 -1 at 2), the Motion is DENIED as moot. To the extent that Petitioner in the Motion for TRO requests relief ordering Respondents to immediately release Petitioner from detention (id.), the Motion is DENIED without prejudice because such remedies are greater than the relief Petitioner could obtain in his underlying Petition. The Clerk of Court shall terminate the motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently 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 recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 3-4). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) in 2007, Petitioner entered the United States without inspection; (ii) since 2007, Petitioner has continuously resided in the United States; (iii) Petitioner is married, has children born in the United States (including a U.S. citizen child with Autism), and his criminal history is "minimal, remote in time, and does not demonstrate a present risk to public safety" (i.e., in 2009, he resolved a charge of simple trespass by paying a $90 fine, in 2014, he was arrested on several motor vehicle-related charges, which were dismissed in 2016 following his successful completion of an alcohol education program, and, in the past ten years, he has not had any further incident or arrests); and (iv) on February 3, 2026, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement officers immediately after he appeared for an interview with a U.S. Citizenship and Immigration Services ("USCIS") asylum officer concerning his asylum application at the USCIS Asylum Office in Newark, New Jersey. (Pet. Paras. 40-42, 45-46). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, at *4. 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 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 (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 Diaz Rudecindo does 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 Court shall forward a copy of the Petition (D.E. No. 1 ), the attachment to the Petition (D.E. No. 1 -1), the Motion for TRO (D.E. No. 2 ), the attachments to the Motion for TRO (D.E. No. 2 -1 & 2 -2), the motions for leave to appear pro hac vice (and the attachments thereto) (D.E. Nos. 3, 3 -1, 4, 4 -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 Esther Salas on 2/18/2026. (ek) (Entered: 02/18/2026)

Feb 18, 2026

Text Order

Feb 18, 2026

Case Assigned to Judge Esther Salas. (ps)

Feb 18, 2026

Case Assigned/Reassigned

#6

Feb 19, 2026

ORDER terminating 4 Motion for Leave to Appear Pro Hac Vice as duplicative; granting 3 Motion for Leave to Appear Pro Hac Vice as to Mary Foden, Esq. Signed by Judge Esther Salas on 2/19/2026. (ld) (Entered: 02/19/2026)