District of New Jersey • 3:26-cv-01761

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Feb 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17123673.), filed by OSCAR LEONEL TELON GONZALEZ. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet civil cover sheet)(MINOGUE, ALEXANDRA) (Entered: 02/23/2026)

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Feb 23, 2026

MOTION for Temporary Restraining Order by OSCAR LEONEL TELON GONZALEZ. (MINOGUE, ALEXANDRA) (Entered: 02/23/2026)

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Feb 23, 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 .) Petitioner also moves for a temporary restraining order ("TRO") prohibiting Respondents from removing or transferring Petitioner during the pendency of this action and ordering Petitioner's immediate release from ICE custody, or in the alternative, ordering a bond hearing. (ECF No. 2 (Motion for TRO) at 3 .) 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 Motion for TRO is DENIED as moot to the extent Petitioner requests a TRO prohibiting his removal or transfer during the pendency of this action and ordering a bond hearing. The Motion for TRO is DENIED to the extent Petitioner seeks his immediate release from immigration detention because such relief is a greater remedy than the relief Petitioner could obtain in his underlying Petition. The Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. 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 Para. 3). 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) Petitioner entered the United States without inspection in 2014, and he has continuously resided in this country since his entry; (2) Petitioner has no criminal history and has established meaningful ties with his community; and (3) on February 15, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") officers while inside his vehicle after leaving church. (ECF No. 1 Paras. 22-23, 25.) 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), the Motion for TRO (ECF No. 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 2/23/2026. (jmh) (Entered: 02/23/2026)

Feb 23, 2026

3 Text Order, ECF 1, and ECF 2 emailed to USANJ-HabeasCases@usdoj.gov on 2/23/2026. (jmh)

Feb 23, 2026

Case Assigned/Reassigned

Feb 23, 2026

Docket Annotation (public)

Feb 23, 2026

Case assigned to Judge Georgette Castner. (jr)

Feb 23, 2026

Text Order