District of New Jersey • 3:26-cv-02649

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Mar 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17198061.), filed by EDWIN GUSTAVO SAMAYOA YANES. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 03/16/2026)

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Mar 16, 2026

MOTION for Temporary Restraining Order by EDWIN GUSTAVO SAMAYOA YANES. (CURBELO, CAROLINA) (Entered: 03/16/2026)

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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 moves for a temporary restraining order ("TRO") (Motion for TRO): (1) enjoining Respondents from transferring Petitioner outside the District of New Jersey while this proceeding is pending; (2) enjoining Respondents from removing Petitioner from the United States without prior leave of this Court while this proceeding is pending; and (3) directing Respondents to show cause why Petitioner should not be treated as detained under 8 U.S.C. § 1226(a) and provided an individualized bond hearing, or in the alternative, be immediately released from custody. (ECF No. 2 .) 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 the Court shall 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). (ECF No. 1 -1 at 2.) 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 § 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 2005, Petitioner entered the United States without inspection and has continuously resided in this country since his entry; (2) Petitioner is the father of (and has maintained substantial parental relationships with) three U.S. citizen children (aged between thirteen and seventeen), has extended family in New Jersey, and resides with his partner in Trenton, New Jersey; (3) Petitioner has an active immigration case pending before the Newark Immigration Court; (4) the presently available materials do not establish any conviction that would trigger mandatory detention under 8 U.S.C. § 1226(c); and (5) on or about February 13, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers in Trenton while he was on his way to pick up his workers. (ECF No. 1 Paras. 10-20.) 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), the Motion for TRO (ECF No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov (jmh) (Entered: 03/16/2026)

Mar 16, 2026

Case assigned to Judge Georgette Castner. (tjg, )

Mar 16, 2026

Text Order AND ~Util - Terminate Motions

Mar 16, 2026

Docket Annotation (public)

Mar 16, 2026

Case Assigned/Reassigned

Mar 16, 2026

Notice of Judicial Preferences

Mar 16, 2026

QC - Attorney Case Opening

Mar 16, 2026

3 Text Order and ECF No. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 3/16/2026. (jmh)

Mar 16, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please enter the title for the respondents in the PARTY TEXT. Example: in her capacity as Secretary for the United States Department of Homeland Security . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 16, 2026

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

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Mar 23, 2026

Notice of Appearance

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Mar 24, 2026

Letter

Mar 25, 2026

Order of Dismissal AND Text Order