District of New Jersey • 3:26-cv-03218

#1

Mar 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17242558.), filed by PEDRO RICO ESPINOZA.(MC CLURE, STEPHANIE) (Entered: 03/26/2026)

#2

Mar 26, 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 3/26/2026. (ps) (Entered: 03/26/2026)

#3

Mar 26, 2026

MOTION for Preliminary Injunction by PEDRO RICO ESPINOZA. (MC CLURE, STEPHANIE) (Entered: 03/26/2026)

Mar 26, 2026

Case Assigned/Reassigned

Mar 26, 2026

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

Mar 26, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Mar 26, 2026

QC - Civil Cover Sheet JS44

Mar 26, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 26, 2026

Notice of Judicial Preferences

Mar 26, 2026

Case Assigned to Judge Georgette Castner. (ps)

#4

Mar 27, 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 moves for a preliminary injunction or a temporary restraining order ("TRO") ordering immediate release or, alternatively, a bond hearing (Motion). (ECF No. 3 .) 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 an ex parte order for his immediate release, the Motion 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 seeks a bond hearing, the Motion is 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 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 3 at 6.) 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 8 U.S.C. § 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 March 2020, Petitioner entered the United States without inspection and has resided continuously in this country since his entry; (2) Petitioner has never been arrested or charged with a crime, has two U.S. citizen children, is active in his church and community, and has a viable claim for cancellation of removal; and (3) on March 13, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers. (ECF No. 1 Para. 20; ECF No. 3 at 5.) 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 Motion (ECF No. 3 ), 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 3/27/2026. (jmh) (Entered: 03/27/2026)

#5

Mar 27, 2026

Second MOTION for Preliminary Injunction DUE TO OUT-OF-STATE TRANSFER by PEDRO RICO ESPINOZA. (Attachments: # 1 Exhibit)(MC CLURE, STEPHANIE) (Entered: 03/27/2026)

#6

Mar 27, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's "Second Motion for Preliminary Injunction a DUE TO OUT OF STATE TRANSFER" (Motion) (ECF No. 5 .) By 12:00 p.m., Sunday, March 29, 2026, Respondents shall file a response to Petitioner's Motion. To the extent Respondents have transferred Petitioner after the Court entered a no-transfer order, Respondents shall return Petitioner to the District of New Jersey by 5:00 p.m., on Monday, March 30, 2026.. So Ordered by Judge Georgette Castner on 3/27/2026. (jmh) (Entered: 03/27/2026)

Mar 27, 2026

Docket Annotation (public)

Mar 27, 2026

Text Order

Mar 27, 2026

Set Deadlines as to 3 MOTION for Preliminary Injunction . Motion set for 4/20/2026 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)

Mar 27, 2026

4 Text Order and ECF Nos. 1 and 3 emailed to USANJ-HabeasCases@usdoj.gov on 3/27/2026. (jmh)

Mar 27, 2026

Set Deadlines as to 5 Second MOTION for Preliminary Injunction DUE TO OUT-OF-STATE TRANSFER. Motion set for 4/20/2026 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)

Mar 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#7

Mar 28, 2026

Notice of Appearance

#8

Mar 28, 2026

Letter