District of New Jersey • 2:26-cv-04878

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Apr 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17372795.), filed by JUDE-GUERSON GERMAN. (Attachments: # 1 Civil Cover Sheet)(DESPOTOVICH, DEAN) (Entered: 04/30/2026)

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Apr 30, 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 4/30/2026. (jml, ) (Entered: 04/30/2026)

Apr 30, 2026

Judge Brian R. Martinotti added. (jml, )

Apr 30, 2026

Add and Terminate Judges

Apr 30, 2026

Emergent Immigration Habeas Non-transfer Order

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May 04, 2026

Order to Answer

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May 11, 2026

Response to Habeas Petition

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May 11, 2026

Notice of Appearance

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May 12, 2026

TEXT ORDER: Before the Court is Petitioner Jude-Guerson German'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.) Respondents have filed an answer. (ECF No. 4.) Petitioner, a native of Haiti, was paroled into the United States in June 2024, under the Haitian Humanitarian Program, which was terminated in December 2025. (Id. at 1-2.) Respondents contend Petitioner is being detained under § 1225(b)(2). (See id.) Based on this Court's statutory interpretation in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b) 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. The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) 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 is further ORDERED that within three (3) days of the date of entry of this Text Order, Respondents shall file a written notice on the docket confirming Petitioner's release from custody; and it is finally ORDERED that the Clerk of Court shall CLOSE the case. So Ordered by Judge Brian R. Martinotti on 05/12/2026. (lr, ) (Entered: 05/12/2026)

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May 12, 2026

Notice of Appearance

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May 12, 2026

Letter

May 12, 2026

***Civil Case Terminated. (wh)

May 12, 2026

Text Order

May 13, 2026

Terminate Civil Case