District of New Jersey • 1:26-cv-02348

#1

Mar 06, 2026

Petition for Writ of Habeas Corpus

#2

Mar 06, 2026

Temporary Restraining Order

#3

Mar 06, 2026

TEXT ORDER Petitioner Freddy Jonathon Plazaola Celis alleges he is unlawfully detained under 8 U.S.C. § 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 ("Petition"). Petitioner also filed a motion for temporary restraining order, Dkt. No. 2 ("TRO Motion"), seeking to enjoin his transfer outside New Jersey and to order his immediate release or a bond hearing. Petitioner contends he was detained in Delaney Hall Detention Facility in Newark, New Jersey, when the Petition was filed. Petition, 3. Therefore, Petitioner shall file an Amended Petition which names the warden of Delaney Hall Detention Facility, his immediate custodian, as a respondent in this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) ("the default rule is that the proper respondent is the warden of the facility where the prisoner is being held[.]") If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, 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. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. If Respondents do not file an expedited answer, pursuant to this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). Therefore, in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge 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. The TRO Motion, Dkt. No. 2, is dismissed as moot. So Ordered by Chief Judge Renee Marie Bumb on 03/06/2026. (Costigan, Roberta) (Entered: 03/06/2026)

Mar 06, 2026

Notice of Judicial Preferences

Mar 06, 2026

Chief Judge Renee Marie Bumb added. (dmw)

Mar 06, 2026

Order

Mar 06, 2026

Add and Terminate Judges

Mar 06, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmw)

#4

Mar 10, 2026

Notice of Appearance

#5

Mar 13, 2026

Notice of Voluntary Dismissal (aty)

Mar 13, 2026

***Civil Case Terminated. (sms2)

Mar 13, 2026

Terminate Civil Case