District of New Jersey • 2:26-cv-03972

CABRERA-RODRIGUEZ v. SOTO

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Case Information

Filed: April 15, 2026
Assigned to: Julien Xavier Neals
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: May 23, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 15, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17310272.), filed by DANIEL ALEJANDRO CABRERA-RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit ICE locator, # 5 Exhibit Notice to Appear, # 6 Exhibit ROR, # 7 Exhibit I220R, # 8 Exhibit Reporting Paperwork)(CARDENAS, VERONICA) (Entered: 04/15/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 15, 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 4/15/2026. (ps) (Entered: 04/15/2026)
Apr 15, 2026
Case Assigned to Judge Julien Xavier Neals. (ps)
Apr 15, 2026
Emergent Immigration Habeas Non-transfer Order
Apr 15, 2026
Case Assigned/Reassigned
#3
Apr 16, 2026
TEXT ORDER - Before the Court is Petitioner Daniel Alejandro Cabrera-Rodriguez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Cuba, who entered the United States in 2024, contends that he is unlawfully detained. (See ECF No. 1 .) Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b) and have still failed to provide Petitioner with the individualized bond hearing that he is entitled to. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(2) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It if finally ORDERED that if Respondents contend that this matter is factually distinguishable from Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer.So Ordered by Judge Julien Xavier Neals on 4/16/2026. (kd) (Entered: 04/16/2026)
#4
Apr 16, 2026
Letter
Main Document: Letter
Apr 16, 2026
Notice of Judicial Preferences
Apr 16, 2026
Text Order
Apr 16, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (kd)
Apr 17, 2026
Text Order
Apr 27, 2026
Terminate Civil Case
#6
May 23, 2026
Notice of Appearance
Main Document: Notice of Appearance

Parties

CABRERA-RODRIGUEZ
Party
SOTO
Party