District of New Jersey • 2:26-cv-04188

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Apr 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 53903.), filed by DANIEL AUGUSTIN OCA-PAZO. (Attachments: # 1 Exhibit, # 2 Envelope)(in-mk) (Entered: 04/21/2026)

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Apr 21, 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 4/21/2026. (in-mk) (Entered: 04/21/2026)

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Apr 21, 2026

TEXT ORDER - Before the Court is Petitioner Daniel Agustin Oca-Pazo ("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 Venezuela, who entered the United States in 2023, contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Petitioner entered the United States seeking refuge and was ultimately released on his own recognizance. (Id. at 2 .) According to the Petition, Petitioner was not placed on humanitarian parole under 8 U.S.C. § 1225(b)(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) 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 4/21/2026. (kd) (Entered: 04/21/2026)

Apr 21, 2026

Text Order

Apr 21, 2026

Emergent Immigration Habeas Non-transfer Order

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Apr 25, 2026

Notice of Appearance

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Apr 25, 2026

Letter

Apr 27, 2026

Terminate Civil Case

Apr 27, 2026

Text Order

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May 21, 2026

Mail Returned