District of New Jersey • 3:26-cv-02992

#1

Mar 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17228197.), filed by FRANCISCO MARTINEZ SIERRA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(CHOW, MARTIN) (Entered: 03/23/2026)

#2

Mar 23, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/23/2026. (jml, ) (Entered: 03/23/2026)

#3

Mar 23, 2026

MOTION for Temporary Restraining Order by FRANCISCO MARTINEZ SIERRA. (Attachments: # 1 Declaration Attorney Declaration of Martin W Chow, # 2 Exhibit A Maldonado Bautista Nov 20 2025, # 3 Exhibit B Maldonado Bautista Nov 25 2025, # 4 Exhibit C Maldonado Bautista Dec 18 2025, # 5 Exhibit D Practice Advisory, # 6 Exhibit E Collection of Cases, # 7 Exhibit F July 8 2025 Lyons Memo, # 8 Exhibit G AILA Practice Alert, # 9 Exhibit H Aff of Lawrence O Burman, # 10 Exhibit Monmouth Probation Div, # 11 Exhibit Approval Notice of Work Authorization, # 12 Text of Proposed Order Proposed Order to Show Cause With Restraints)(CHOW, MARTIN) (Entered: 03/23/2026)

Mar 23, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 23, 2026

Notice of Judicial Preferences

Mar 23, 2026

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

Mar 23, 2026

Judge Georgette Castner added. (jml, )

Mar 23, 2026

Add and Terminate Judges

#4

Mar 24, 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 has filed a motion for a temporary restraining order ("TRO") (Motion for TRO) ordering Respondents to release him from custody, or, in the alternative, to provide him a prompt and constitutionally adequate bond hearing. (ECF No. 3 .) Petitioner also asks for a TRO enjoining Respondents from transferring, removing, or relocating Petitioner and an order to show cause ("OTSC"). (See ECF No. 1 at 20.) Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (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. To the extent Petitioner requests a TRO ordering Respondents to release him from detention, the Motion for TRO is DENIED without prejudice. See Sira v. Bondi, No. 26-667, 2026 WL 189875, at *1 (D.N.J. Jan. 23, 2026) ("[A] TRO may be entered ex parte, but only if the safeguards of Rule 65(b) of the Federal Rules of Civil Procedure are met.'"); Westchester Fire Ins. Co. v. Glob. Real Constr., LLC, No. 09-0207, 2009 WL 137414, at *1 (D.N.J. Jan. 20, 2009) (stating that injunctive relief is an extraordinary remedy that should be granted only in limited circumstances). To the extent Petitioner requests an OTSC and a TRO ordering Respondents to provide him with a bond hearing and enjoining his transfer and removal, the requests are DENIED as moot. The Clerk of the Court shall TERMINATE the Motion pending at ECF No. 3. According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 U.S. Immigration and Customs Enforcement ("ICE") memorandum and the decision of Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 Paras. 16-20.) 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 2003, Petitioner entered the United States without inspection at the U.S.-Mexico border and has continuously resided in the United States since his entry; (2) Petitioner has received a bona fide determination as a U-Visa applicant and is eligible to apply for cancellation of removal; (3) Petitioner has work authorization, is gainfully employed, and has an eight-year old U.S. citizen daughter and four U.S. citizen stepchildren (three of whom reside with him); and (4) on March 20, 2026, in the interior of the United States, Petitioner was arrested at a traffic stop outside his home in Neptune, New Jersey. (ECF No. 3 Paras. 32-37, 38-39.) 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). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted 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 attachment to the Petition (ECF No. 1-1), the Motion for TRO (ECF No. 3), the attachments to the Motion for TRO (ECF No. 3-1 through 3-12), 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 Georgette Castner on 3/24/2026.(kas) (Entered: 03/24/2026)

Mar 24, 2026

Text Order

#5

Mar 27, 2026

Notice of Appearance

#6

Mar 30, 2026

Letter from AUSA Bradley A. Harsch. (HARSCH, BRADLEY) (Entered: 03/30/2026)

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Apr 03, 2026

Letter

#8

Apr 03, 2026

Letter

#9

Apr 06, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 4 .) The bond hearing has now occurred, and the IJ denied Petitioner's request for a change in custody status because Petitioner has not met his burden of establishing that he is not a danger to the community. (ECF No. 8 -1.) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 4 ) prohibiting Petitioner's transfer from the District of New Jersey and his removal from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 4/06/2026. (jmh) (Entered: 04/06/2026)

Apr 06, 2026

Order of Dismissal AND Text Order

#10

Apr 16, 2026

Strike

#11

Apr 16, 2026

Letter

Apr 16, 2026

Set Deadlines as to 10 MOTION to Strike . Motion set for 5/18/2026 before Judge Georgette Castner. 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. (dmr3)

Apr 16, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Apr 17, 2026

Alter Judgment

Apr 17, 2026

Set Deadlines as to 12 MOTION to Alter Judgment . Motion set for 5/18/2026 before Judge Georgette Castner. 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. (kht)

Apr 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#13

May 04, 2026

Letter

#14

Jun 12, 2026

Leave to File Document

#15

Jun 12, 2026

Expedite

Jun 15, 2026

Order Reopening Case AND ~Util - Terminate Motions

Jun 15, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#17

Jun 16, 2026

Letter

#18

Jun 17, 2026

Reply Brief to Opposition to Motion

Jun 18, 2026

Text Order AND ~Util - Terminate Motions

#20

Jun 22, 2026

Letter

#21

Jun 26, 2026

Letter

Jun 29, 2026

Order of Dismissal AND Text Order