District of New Jersey • 2:26-cv-03342

#1

Mar 29, 2026

NOTICE of Appearance by NELLY NILOUFAR GORDPOUR on behalf of Jose Alberto Orosco Zanabria (GORDPOUR, NELLY) (Entered: 03/29/2026)

#2

Mar 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17251140.), filed by Jose Alberto Orosco Zanabria. (Attachments: # 1 Civil Cover Sheet)(GORDPOUR, NELLY) (Entered: 03/29/2026)

#3

Mar 29, 2026

MOTION to Appoint Pro Bono, MOTION for Temporary Restraining Order by Jose Alberto Orosco Zanabria. (GORDPOUR, NELLY) (Entered: 03/29/2026)

#4

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)

#5

Mar 29, 2026

MOTION for Leave to Appear Pro Hac Vice by Jose Alberto Orosco Zanabria. (Attachments: # 1 Certification Certification of Out-of-State Counsel, # 2 Certification Certification of Local Counsel, # 3 Exhibit Certificate of Good Standing, # 4 Text of Proposed Order Proposed Order)(GORDPOUR, NELLY) (Entered: 03/29/2026)

Mar 29, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 29, 2026

Add and Terminate Judges

Mar 29, 2026

Judge Esther Salas added. (jml, )

#6

Mar 31, 2026

Order to Answer

Mar 31, 2026

Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/4/2026 before Judge Esther Salas. 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. (mj)

Mar 31, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#7

Apr 06, 2026

Notice of Appearance

#8

Apr 17, 2026

Response to Habeas Petition

#9

May 04, 2026

Reply to Response to Motion

#10

May 20, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 2 ("Petition" or "Pet.")). Respondents answered the Petition on April 17, 2026, (D.E. No. 8 ("Response" or "Resp.")), and Petitioner filed a reply on May 3, 2026, (D.E. No. 9 ). Respondents acknowledge that: "Petitioner, a native and citizen of Peru, entered the United States on December 16, 2022, without being admitted after inspection by an immigration officer;" on March 16, 2026, U.S. Immigration and Customs Enforcement ("ICE") agents arrested Petitioner; and Petitioner is being held in ICE detention without bond pursuant to the United States Department of Homeland Security's interpretation of 8 U.S.C. § 1225(b)(2) and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Resp. at 1-2). Petitioner states that he has "no criminal record whatsoever, [and] has never been convicted of any offense." (D.E. No. 3 at 1). Based on the parties' submissions and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 2 ), and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend Petitioner has misrepresented his criminal history, they shall file an expedited supplemental answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited supplemental answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. So Ordered by Judge Esther Salas on 5/20/2026. (ek) (Entered: 05/20/2026)

May 20, 2026

Text Order

#11

May 21, 2026

Letter