District of New Jersey • 2:26-cv-01629

GARCIA-GARCIA v. BORGEN

Completed

Case Information

Filed: February 18, 2026
Assigned to: Jamel K. Semper
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 30, 2026
Last Activity: April 30, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 18, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17110606.), filed by Cristian GARCIA-GARCIA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 02/18/2026)
Main Document: Petition for Writ of Habeas Corpus
Feb 18, 2026
Case Assigned to Judge Jamel K. Semper. (ps)
Feb 18, 2026
Case Assigned/Reassigned
#2
Mar 04, 2026
TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to § 2241 filed by Petitioner, Cristian Garcia-Garcia, who is presently detained at the Elizabeth Contract Detention Facility in New Jersey. (ECF No. 1.) Petitioner, a member of the Maldonado Bautista class, alleges that his continued detention is unlawful and effected without due process of law because Respondents have erroneously concluded that he is "seeking admission" to the United States and therefore subject to mandatory detention under 8 U.S.C. § 1225(b)(2), denying him the opportunity to seek release on bond under 8 U.S.C. § 1226(a). (See id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, no later than Tuesday, March 10, 2026, why the Petition for habeas corpus relief should not be granted. Petitioner may file a reply brief in support of the Petition within three (3) business days after the filing of Respondents' answer. Petitioner shall serve a copy of this Order and the habeas petition upon Respondents within two (2) business days of the entry of this Order, and promptly file proof of service on the docket. Petitioner shall not be removed from New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 3/4/2026. (sms) (Entered: 03/04/2026)
Mar 04, 2026
Order to Answer
#3
Mar 05, 2026
Substitution of Attorney
Main Document: Substitution of Attorney
#4
Mar 10, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#5
Mar 12, 2026
TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Cristian Garcia-Garcia (ECF No. 1), and Respondents' Answer (ECF No 2). The Court finds that the record presently before it does not support Respondents' continued treatment of Petitioner as subject to mandatory detention under § 1225(b)(2). On the current record, Petitioner appears to be subject to discretionary detention under 8 U.S.C. § 1226(a), which provides for an individualized bond determination before an Immigration Judge. Accordingly, it is ORDERED that the Petition is GRANTED IN PART to the extent that Petitioner shall receive an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) before an Immigration Judge within seven (7) days of the entry of this Order. It is further ORDERED that Respondents shall file a status update with this Court within three (3) days after the bond hearing, advising the Court of the outcome of the hearing and attaching a copy of the Immigration Judge's written order. So Ordered by Judge Jamel K. Semper on 3/12/2026. (sms) (Entered: 03/12/2026)
Mar 12, 2026
Order to Answer
#6
Mar 19, 2026
Letter
Main Document: Letter
#7
Apr 27, 2026
Letter
Main Document: Letter
#8
Apr 30, 2026
TEXT ORDER: The Court has reviewed Respondents' Status Report regarding the bond hearing ordered by this Court. (ECF Nos. 6, 7.) In its prior Order, the Court granted the Petition for Writ of Habeas Corpus and directed Respondentstoprovide Petitioner with a bond hearing pursuantto8 U.S.C. § 1226(a), and further directed Respondentstoadvise the Court of the outcome of that hearing. (ECF No. 5.) Accordingly, because the relief granted by the Court has been effectuated, no further action is required. The Clerk of the Court is therefore directed to CLOSE this matter. So Ordered by Judge Jamel K. Semper on 4/30/2026. (sms) (Entered: 04/30/2026)
Apr 30, 2026
Order of Dismissal