District of New Jersey • 3:26-cv-02590

#1

Mar 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17193215.), filed by JAIR ALEXANDER VARGAS ROMERO. (Attachments: # 1 Brief, # 2 Habeas Order, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 03/13/2026)

Mar 13, 2026

Add and Terminate Judges

Mar 13, 2026

Notice of Judicial Preferences

Mar 13, 2026

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

Mar 13, 2026

Judge Georgette Castner added. (jml, )

#2

Mar 16, 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 staying his transfer outside of the District of New Jersey. (See ECF No. 1 -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 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") memorandum and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No.1-1 at 3, 6-7.) 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 in or about December 2022, was detained for two months, and then released on parole, and he has continuously resided in the United States since his entry; (2) Petitioner has established strong family, community, and employment ties in the United States (including a spouse, a six-month old U.S. citizen child, and a twelve-year old stepdaughter with Special Immigrant Juvenile Status), and he has no criminal history; (3) Petitioner and his wife have filed pending asylum applications (and received employment authorization); and (4) on March 3, 2026, after successfully completing a credible fear interview, Petitioner was taken into custody (ECF No. 1 Paras. 12-17, 19.) 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 through 1 -5), 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 3/16/2026. (jmh) (Entered: 03/16/2026)

Mar 16, 2026

3 Text Order and ECF NO. 1 emailed to USANJ-HabeasCases@usdoj.gov on 3/16/2026. (jmh)

Mar 16, 2026

Text Order

Mar 16, 2026

Docket Annotation (public)

#3

Mar 23, 2026

Notice of Appearance

#4

Mar 26, 2026

Letter

Mar 27, 2026

Order of Dismissal AND Text Order