District of New Jersey • 3:26-cv-02521

#1

Mar 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17185697.), filed by JOSELITO ARTURO ROJAS GONZALEZ. (Attachments: # 1 Exhibit A, ICE Detainee Locator Information, # 2 Civil Cover Sheet)(GIBBS, STEPHANIE) (Entered: 03/11/2026)

Mar 11, 2026

Judge Georgette Castner added. (jml, )

Mar 11, 2026

Add and Terminate Judges

#2

Mar 12, 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 requests an order to show cause ("OTSC") and an order enjoining Respondents from transferring Petitioner out of the jurisdiction during the pendency of these proceedings. (ECF No. 1 at 17.) 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 OTSC request is DENIED as moot. According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 2025 Department of Homeland Security ("DHS") 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. 3, 34.) 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) in or about June 1990, Petitioner entered the United States without inspection; (2) Petitioner has a pending application for asylum, withholding of removal, and protection under the Convention Against Torture as well as a pending application for cancellation of removal; (3) Petitioner has complied with all DHS requirements and is the primary "breadwinner" for his family (including three U.S. citizen children); and (4) on March 8, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers in a Walmart parking lot in Selden, New York. (ECF No.1 Paras. 44-47.) 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). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. 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), and this this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov (jmh) (Entered: 03/12/2026)

Mar 12, 2026

Docket Annotation (public)

Mar 12, 2026

2 Text Order and ECF No. 1 Petition emailed to USANJ-HabeasCases@usdoj.gov on 3/12/2026. (jmh)

Mar 12, 2026

Text Order

#3

Mar 16, 2026

Letter

#4

Mar 16, 2026

Notice of Appearance

Mar 16, 2026

QC - Entry of Appearance

#5

Mar 20, 2026

Letter

Mar 25, 2026

Order of Dismissal AND Text Order