District of New Jersey • 3:26-cv-03338

#1

Mar 28, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17250813.), filed by MARIO JOSE DE LEON TOHOM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service, # 8 Supplement Notice of Appearance, # 9 Brief, # 10 Civil Cover Sheet)(SANTAMARIA, STERLING) (Entered: 03/28/2026)

#2

Mar 28, 2026

Emergency MOTION for Order to Show Cause by MARIO JOSE DE LEON TOHOM. (SANTAMARIA, STERLING) (Entered: 03/28/2026)

#3

Mar 29, 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 3/29/2026. (jml, ) (Entered: 03/29/2026)

Mar 29, 2026

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

Mar 29, 2026

Judge Georgette Castner added. (jml, )

Mar 29, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 29, 2026

Notice of Judicial Preferences

Mar 29, 2026

Add and Terminate Judges

#4

Mar 30, 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 an order to show cause ("OTSC") (Motion for OTSC). (ECF No. 2 ). 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. 3 .) 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. The Motion for OTSC is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. 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. 1 -9 at 7-9.) 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) on or about March 20, 2021, near El Paso, Texas, Petitioner entered the United States without inspection and has continuously resided in Trenton, New Jersey since his entry; (2) Petitioner is the sole source of financial support for his partner and two children, including a second U.S. citizen son who was born in September 2025; (3) Petitioner has no criminal history; and (4) on February 7, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers at a traffic stop. (ECF No. 1 Paras. 1, 24-27; ECF No. 1-9 at 2.) 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 attachments to the Petition (ECF Nos. 1 -1 through 1-10), the Motion for OTSC (ECF No. 2 ), 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 3/30/2026. (jmh) (Entered: 03/30/2026)

Mar 30, 2026

Set Deadlines as to 2 Emergency MOTION for Order to Show Cause . Motion set for 5/4/2026 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. (mlh)

Mar 30, 2026

4 Text Order and ECF No. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 3/30/2026. (jmh)

Mar 30, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Mar 30, 2026

Text Order

Mar 30, 2026

Docket Annotation (public)

#5

Apr 02, 2026

Notice of Appearance

#6

Apr 02, 2026

Letter

#7

Apr 07, 2026

Motion to Quash/Compel/Enforce

#8

Apr 07, 2026

Letter

Apr 07, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Apr 08, 2026

Text Order