District of New Jersey • 3:26-cv-04565

#1

Apr 25, 2026

First PETITION for Writ of Habeas Corpus v. Soto, et al., ( Filing fee $ 5 receipt number ANJDC-17349944.), filed by LUIS ADRIAN RODRIGUEZ AREVALO. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/25/2026)

#2

Apr 25, 2026

First MOTION for Temporary Restraining Order v. Soto, et al., by LUIS ADRIAN RODRIGUEZ AREVALO. (DUQUE-ISERN, STEPHANIE) (Entered: 04/25/2026)

#3

Apr 26, 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 4/26/2026. (jml, ) (Entered: 04/26/2026)

Apr 26, 2026

Notice of Judicial Preferences

Apr 26, 2026

QC - Attorney Case Opening

Apr 26, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party descriptions should be listed in the PARTY TEXT field, not the TITLE field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

Apr 26, 2026

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

Apr 26, 2026

Add and Terminate Judges

Apr 26, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 26, 2026

Judge Georgette Castner added. (jml, )

#4

Apr 27, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Ecuador and Venezuela, alleges that he has resided in the United States since approximately 2022. (Id. Para. 22.) In 2024, an immigration judge terminated Petitioner's and his family's removal proceeding because Petitioner and his family had been granted Temporary Protected Status ("TPS"), and Petitioner intends to file an asylum application. (Id.) Petitioner is a husband and father of two children (aged eight and four, respectively). (Id.) Furthermore, Petitioner has no criminal convictions. (Id.) On April 17, 2026, Immigration and Customs Enforcement arrested Petitioner while he was driving home after dropping his daughter off at school and has detained him at Elizabeth Contract Detention Facility in Newark, New Jersey. (Id. Para. 23.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla 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 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, ECF 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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that he has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Additionally, Petitioner's Motion for a Temporary Restraining Order (Motion for TRO) (ECF No. 2 ) shall be TERMINATED considering the relief provided. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (ECF No. 1 -1), the Motion for TRO (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 4/27/2026. (jmh) (Entered: 04/27/2026)

Apr 27, 2026

4 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 4/27/2026. (jmh)

Apr 27, 2026

Text Order AND ~Util - Terminate Motions

Apr 27, 2026

Docket Annotation (public)

#5

Apr 28, 2026

Notice of Appearance

#6

Apr 28, 2026

Status Report

Apr 29, 2026

Order of Dismissal AND Text Order