District of New Jersey • 2:26-cv-03576

#1

Apr 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17273557.), filed by JORGE ALBERTO CASTRO OSORIO. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Certificate of Service, # 4 Index, # 5 Exhibit ICE Detainee Locator Record, # 6 Exhibit Notice of Custody Determination, # 7 Exhibit Order of Release on Recognizance, # 8 Exhibit Notice to Appear, # 9 Exhibit Passport, # 10 Exhibit Asylum Defensive Receipt, # 11 Exhibit EOIR Case Status, # 12 Exhibit US Child Birth Certificate)(QUIROZ, LILIANA) (Entered: 04/03/2026)

#2

Apr 03, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Evelyn Padin on 4/3/2026. (ps) (Entered: 04/03/2026)

#3

Apr 03, 2026

TEXT ORDER: Petitioner Jorge Alberto Castro Osorio filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this District previously addressing Section 1225, they shall file an expedited answer within 5 days of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer.If Respondents do not file an expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting Section 1225 including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds that Petitioner's mandatory detention under Section 1225(b) is unlawful and violates his Fifth Amendment right to due process. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within 5 days of this Order and file a written notice of Petitioner's release within 3 days of his release. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 4/3/2026. (ps) (Entered: 04/03/2026)

#4

Apr 03, 2026

Letter from the United States Attorney's Office: Report on Petitioner's Release re 3 Text Order,,,,,,,. (STINSON, JOHN) (Entered: 04/03/2026)

Apr 03, 2026

Text Order

Apr 03, 2026

Case Assigned/Reassigned

Apr 03, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 03, 2026

Case Assigned to Judge Evelyn Padin. (ps)