District of New Jersey • 2:26-cv-03184

#1

Mar 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17238979.), filed by MARCO ANTONIO NAVARRETE ROSALES. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order ORDER TO SHOW CAUSE, # 3 Memorandum, # 4 Certificate of Service)(DETZKY, MICHAEL) (Entered: 03/25/2026)

#2

Mar 25, 2026

MOTION for Temporary Restraining Order by MARCO ANTONIO NAVARRETE ROSALES. (Attachments: # 1 Certification, # 2 Text of Proposed Order, # 3 Certificate of Service)(DETZKY, MICHAEL) (Entered: 03/25/2026)

#3

Mar 25, 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 3/25/2026. (jml, ) (Entered: 03/25/2026)

Mar 25, 2026

Add and Terminate Judges

Mar 25, 2026

Judge Evelyn Padin added. (jml, )

Mar 25, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Mar 26, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Marco Antonio Navarette Morales's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), and motion for temporary restraining order, D.E. 2 ("TRO Motion"). 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. The TRO Motion, D.E. 2, is DISMISSED as MOOT because the Court has enjoined Petitioner's transfer, see D.E. 3, and expedited resolution of the Petition. So Ordered by Judge Evelyn Padin on 3/26/2026. (bt) (Entered: 03/26/2026)

Mar 26, 2026

Text Order AND ~Util - Terminate Motions

#5

Mar 30, 2026

Notice of Appearance

#6

Mar 31, 2026

Response to Habeas Petition

#7

Apr 01, 2026

Reply to Response (NOT Motion)

#8

Apr 01, 2026

Reply to Response (NOT Motion)

#9

Apr 01, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Marco Antonio Navarrete Rosales's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"), Respondents' answer, D.E. 6 ("Answer"), and Petitioner's reply, D.E. 7 ("Reply"). 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 1-3. 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. Id. 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 4/1/2026. (ps) (Entered: 04/01/2026)

#10

Apr 01, 2026

Status Report

#11

Apr 01, 2026

Status Report

Apr 01, 2026

Text Order

Apr 09, 2026

Text Order