District of New Jersey • 2:26-cv-02700

#1

Mar 17, 2026

Emergency PETITION for Writ of Habeas Corpus for Detainee with approved SIJS and deferred action ( Filing fee $ 5 receipt number ANJDC-17203111.), filed by JOSUE EVERILDO RIVERA-ESPINOZA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Index Index of Exhibits, # 3 Exhibit Ex. A - NJ Family Court custody order, # 4 Exhibit Ex. B - USCIS SIJS approval notice, # 5 Exhibit Ex. C - NTA, # 6 Exhibit Ex. D - US DOS Visa Bulletin, # 7 Exhibit Ex. E - Diploma and Transcript, # 8 Exhibit Ex. F - Politico Article, # 9 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 03/17/2026)

#2

Mar 17, 2026

Emergency MOTION for Temporary Restraining Order for Immediate Release of SIJS and deferred action beneficiary by JOSUE EVERILDO RIVERA-ESPINOZA. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Certificate of Service)(LESCHAK, JOHN) Modified on 3/17/2026 (sks). (Entered: 03/17/2026)

#3

Mar 17, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.)). Petitioner also requests an order to show cause ("OTSC") (id. at 35) and moves for a temporary restraining order ("TRO") enjoining Respondents from transferring Petitioner outside the District of New Jersey. (D.E. No. 2 ("Motion for TRO")). 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 request for an OTSC is DENIED. To the extent Petitioner seeks a TRO enjoining his transfer from the District, the Motion for TRO is DENIED as moot. To the extent Petitioner seeks immediate release, the Motion for TRO is DENIED on the grounds that: (i) Petitioner has failed to establish that his Special Immigrant Juvenile ("SIJ") status and deferred action preclude detention; and (ii) to the extent he is correct that his detention is governed by 8 U.S.C. § 1226(a) (as opposed to 8 U.S.C. § 1225(b)), he is still subject to detention, albeit with an entitlement to a bond hearing, and the requested emergent relief of immediate release is greater than the relief Petitioner could obtain in the underlying proceeding. The Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of § 1225(b), pursuant to a July 8, 2025 policy memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 61, 63). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) in June 2019, Petitioner (when he was thirteen years old) crossed the US/Mexico border with his father without inspection and admission or parole and was released under an order of supervision; (ii) Petitioner was abandoned by his father, and Jose Nolasco (a U.S. citizen) obtained legal custody of Petitioner; (iii) Petitioner has SIJ status and deferred action and is eligible to apply for adjustment of status to lawful permanent residency; (iv) Petitioner has no criminal record, resides with Nolasco and Nolasco's family, has completed high school, and has worked part-time at Nolasco's mechanic shop as a mechanic; (v) on March 7, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers while he was driving from the mechanic shop to get gas for his car. (Pet. Paras. 33-46). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, at *4. 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 immigration judge who shall assess whether Petitioner 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 Diaz Rudecindo does 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 Court shall forward a copy of the Petition (D.E. No. 1), the attachments to the Petition (D.E. No. 1 -1 through 1 -9), the Motion for TRO (D.E. No. 2 ), the attachments to the Motion for TRO (D.E. Nos. 1 -1 through 1 -3), 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 Esther Salas on 3/17/2026. (ek) (Entered: 03/17/2026)

Mar 17, 2026

Case Assigned to Judge Esther Salas. (mfr)

Mar 17, 2026

Text Order

Mar 17, 2026

Case Assigned/Reassigned