District of New Jersey • 2:26-cv-02792

#1

Mar 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17210710.), filed by Kevin Barona Rojas. (Attachments: # 1 Civil Cover Sheet)(PALLAK, MICHELLE) (Entered: 03/18/2026)

Mar 18, 2026

Case Assigned to Judge Madeline Cox Arleo. (ps)

Mar 18, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed; however, the following deficiencies were found: Caption. ALL CAPITAL LETTERS when entering the case caption. Party Information. No need to include addresses when entering the parties. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Mar 18, 2026

Case Assigned/Reassigned

Mar 18, 2026

QC - Attorney Case Opening

#2

Mar 19, 2026

ORDER that Respondents shall electronically file a full and complete answer to said Petition, which responds to the factual and legal allegations of the Petition, within 7 days. Signed by Judge Madeline Cox Arleo on 3/19/2026. (kht) (Entered: 03/19/2026)

#3

Mar 24, 2026

Notice of Appearance

#4

Mar 25, 2026

Response (NOT Motion)

#5

Mar 27, 2026

Withdraw as Attorney

Mar 30, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#6

Apr 10, 2026

Substitute Attorney

#7

Apr 14, 2026

Status Report

#8

Apr 15, 2026

Letter

#9

Apr 16, 2026

Letter

Apr 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#10

Apr 29, 2026

Status Report

#11

May 19, 2026

Status Report

#12

May 22, 2026

Expedite

May 22, 2026

Set Deadlines as to 12 MOTION to Expedite Ruling on Petition. Motion set for 6/15/2026 before Judge Madeline Cox Arleo. 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. (mj)

May 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#13

May 26, 2026

TEXT ORDER -Petitioner KEVIN BARONA ROJAS is a citizen of Columbia who entered the United States from in 2022, was apprehended shortly thereafter, and subsequently released on parole. (Ex. 2 at 1-3 (Sept. 28, 2022 Form I-213); see also Pet. 12.) It is unclear whether Petitioner was paroled under 8 U.S.C. § 1182(d)(5)(A) or released under § 1226(a). On March 11, 2026, ICE arrested Petitioner pursuant to a warrant. (Ex. 3 at 1-2 (Mar. 12, 2026 Form I-213); Ex. 4 (Mar. 11, 2026 Form I-200); see also Pet. 14-26.) Respondents argue that Petitioner is properly detained as an applicant for admission under Section 1225(b)(2), an argument this Court rejected in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025); see also Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released rather than paroled from detention following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a). This Court also recently rejected the argument that § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole. See Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026). Considering these decisions, this Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2). Petitioner has no criminal history (Ex. 3 at 1-2 (Mar. 12, 2026 Form I-213)), and this Court will not correct Respondents' unlawful detention under § 1225(b)(2). See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Respondents shall file a status report within three business days confirming Petitioner's release and requesting to close this case. The Court grants the motions to withdraw and substitute attorneys (ECF Nos. 5-6) and terminates the motion to expedite (ECF No. 12) considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 5/26/26. (aa, ) (Entered: 05/26/2026)

May 26, 2026

Order

#14

May 27, 2026

Letter

#15

May 29, 2026

Order

May 29, 2026

Terminate Civil Case