District of New Jersey • 2:26-cv-02197

#1

Mar 03, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17153098.), filed by LUIS ERNESTO MERCHAN YUNGA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 03/03/2026)

Mar 03, 2026

Case assigned to Judge Brian R. Martinotti. (jr)

Mar 03, 2026

Case Assigned/Reassigned

#2

Mar 04, 2026

TEXT ORDER: Before the Court is Petitioner Luis Ernesto Merchan Yunga's ("Petitioner"), who entered the United States without inspection ten years ago, Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, contending that Petitioner is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 1.) In Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), this Court held that a similarly situated noncitizen could only be subjected to lawful, discretionary detention under 8 U.S.C. § 1226(a), which entitled him to a bond hearing; see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). Accordingly, it is, ORDERED the Petition (ECF No. 1) is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with individualized bond hearings before an immigration judge who shall assess whether they present a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that 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 case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. It is further ORDERED that pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. SO ORDERED by Judge Brian R. Martinotti on 03/04/2026. (lr, ) (Entered: 03/04/2026)

Mar 04, 2026

Text Order

#3

Mar 11, 2026

Notice of Appearance

#4

Mar 11, 2026

Status Report

Mar 16, 2026

Text Order

Mar 16, 2026

Terminate Civil Case