District of New Jersey • 3:26-cv-02428

#1

Mar 09, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17176368.), filed by Marco Aurelio Andia Andia. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 03/09/2026)

#2

Mar 09, 2026

Emergency MOTION for Temporary Restraining Order by Marco Aurelio Andia Andia. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 03/09/2026)

#3

Mar 09, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/9/2026. (mfr) (Entered: 03/09/2026)

Mar 09, 2026

Case Assigned/Reassigned

Mar 09, 2026

Case Assigned to Judge Georgette Castner. (mfr)

Mar 09, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 10, 2026

Notice of Judicial Preferences

Mar 10, 2026

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

Mar 10, 2026

Set Deadlines as to 2 Emergency MOTION for Temporary Restraining Order . Motion set for 4/6/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)

Mar 10, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#4

Mar 11, 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 (Motion for TRO) restraining Respondents from removing Petitioner from the United States and transferring Petitioner outside the jurisdiction of the District of New Jersey pending completion of these proceedings. ( ECF No. 2 .) Chief Judge Renee Marie Bumb has entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 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, and the Clerk of Court is directed to 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 a new policy and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 Paras. 35, 40-41.) 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) on or about June 11, 2022, Petitioner entered the United States at or near San Luis, Arizona, was apprehended by Customs and Border Protection, and was paroled due to detention capacity constraints; (2) following his release, Petitioner has continuously resided in New Jersey, has maintained steady, lawful employment at a factory, has filed federal income taxes, and has no criminal history; (3) Petitioner has filed for asylum; and (4) on February 20,, 2026, in the interior of the United States, Petitioner appeared at a scheduled routine check-in and was detained by U.S. Immigration and Customs Enforcement officers. (ECF No. 1 Paras. 19-21, 23-28.) 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 ), the attachment to the Motion for TRO (ECF No. 2-1), 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 Georgette Castner on 3/11/2026 (jmh) (Entered: 03/11/2026)

#5

Mar 11, 2026

Notice of Appearance

Mar 11, 2026

Docket Annotation (public)

Mar 11, 2026

Text Order

Mar 11, 2026

4 Text Order and ECF 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 3/11/2026. (jmh)

#6

Mar 20, 2026

Letter

Mar 23, 2026

Text Order

Mar 23, 2026

Terminate Civil Case