District of New Jersey • 2:26-cv-02940

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Mar 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number CNJDC-17222494.), filed by CARLOS E PARAPI HUILCA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit 1 - ICE Locator Results, # 3 Exhibit 2 - Notice to Appear, # 4 Certificate of Service Certificate of Service)(BERMUDEZ, KELLY) (Entered: 03/20/2026)

Mar 22, 2026

Case assigned to Judge Esther Salas. (jr)

Mar 22, 2026

Case Assigned/Reassigned

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Mar 23, 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.)). It appears that Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b). 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 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) on or about May 24, 2005, Petitioner entered the United States near Arizona without inspection, admission, or parole, he was not apprehended at the time of his entry, and he has continuously resided in the United States since his entry; (ii) Petitioner has established significant family and community ties in the United States (e.g., he has a U.S. citizen daughter) and has no criminal history; (iii) on March 13, 2026, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement officers in a Home Depot parking lot in Elizabeth, New Jersey; and (iv) the Notice to Appear alleges that Petitioner "is an alien present in the United States who has not been admitted or paroled." (Pet. Paras. 13-22; D.E. 1 -3 at 1). 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 -4), 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 3/23/2026. (ek) (Entered: 03/23/2026)

Mar 23, 2026

Text Order

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Mar 24, 2026

Notice of Appearance

#4

Mar 25, 2026

Letter