District of New Jersey • 2:26-cv-02942

#1

Mar 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17222535.), filed by CLAUDIO CELSO CANCHARIS CABEZAS. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit ICE Locator, # 5 Exhibit 212d5, # 6 Exhibit I589 Receipt)(CARDENAS, VERONICA) (Entered: 03/21/2026)

#2

Mar 21, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Evelyn Padin on 3/21/2026. (eaj) (Entered: 03/21/2026)

Mar 21, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 21, 2026

Judge Evelyn Padin added. (eaj)

Mar 21, 2026

Add and Terminate Judges

#3

Mar 23, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Claudio Celso Cancharis Cabezas's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner challenges his detention by immigration authorities as unlawful and seeks immediate release. In accordance with Rule 4 of the Rules Governing 2254 Cases, applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without an answer is not warranted. Respondents shall file an expedited answer to the Petition within 7 days. In that Answer, Respondents shall inform the Court whether they stipulate that Petitioner has no criminal record. So Ordered by Judge Evelyn Padin on 3/23/2026. (bt) (Entered: 03/23/2026)

Mar 23, 2026

Text Order

#4

Mar 27, 2026

Notice of Appearance

#5

Mar 30, 2026

Response to Habeas Petition

#6

Mar 31, 2026

Reply to Response (NOT Motion)

#7

Mar 31, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Claudio Celso Cancharis Cabezas's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), and Respondents' Answer, D.E. 5 ("Answer"). Petitioner challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b)(2) as unlawful and seeks immediate release. Petition. Respondents do not dispute the facts alleged in the Petition, including Petitioner's lack of a criminal record. Answer at 1 n.1 & 3. Respondents oppose habeas relief, but acknowledge that their argument in opposition relies on the same issue of statutory interpretation previously rejected by this Court and many other courts. Accordingly, for the same reasons stated by this Court in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) and in this District by Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner's mandatory detention under § 1225(b)(2) violates the statute and his Fifth Amendment right to due process. Accordingly, the Petition is GRANTED. Respondents shall release Petitioner by 5:00 p.m. on April 2, 2026. Respondents shall, within 3 days of Petitioner's release, file a status report indicating compliance with this matter. If Respondents subsequently arrest Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8), (d). So Ordered by Judge Evelyn Padin on 3/31/2026. (ps) (Entered: 03/31/2026)

Mar 31, 2026

Text Order

#8

Apr 01, 2026

Letter

#9

Apr 02, 2026

TEXT ORDER: The Court granted Petitioner Claudio Celso Cancharis Cabezas's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1, and ordered Respondents to release Petitioner by April 2, 2026. D.E. 7 . The Court has reviewed Respondents' status report, D.E. 8, apprising the Court of Petitioner's release. Accordingly, the Clerk of Court shall CLOSE this case. So Ordered by Judge Evelyn Padin on 4/2/2026. (ps) (Entered: 04/02/2026)

Apr 02, 2026

Text Order

Apr 02, 2026

Terminate Civil Case

Apr 02, 2026

***Civil Case Terminated. (sm)