District of New Jersey • 2:26-cv-05023

#1

May 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17383671.), filed by SERGIO M CHAVEZ MONROY. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 05/04/2026)

#2

May 04, 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 5/4/2026. (jml, ) (Entered: 05/04/2026)

May 04, 2026

Judge Brian R. Martinotti added. (jml, )

May 04, 2026

Add and Terminate Judges

May 04, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 05, 2026

ORDER TO ANSWER; Petitioner's OTSC (ECF No. 1 -3) is DENIED without prejudice; pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are TEMPORARILY ENJOINED from transferring Petitioner from his current detention facility during the pendency of this action. Signed by Judge Brian R. Martinotti on 5/5/2026. (mj) (Entered: 05/05/2026)

#4

May 13, 2026

Notice of Appearance

#5

May 19, 2026

Letter

#6

May 20, 2026

Letter

#7

May 21, 2026

TEXT ORDER: Before the Court is Petitioner Sergio M. Monroy Chavez'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. 5.) Petitioner, a native of Guatemala, entered the United States at an unknown date without inspection. (Id. at 1.) Respondents submit that Petitioner is being detained under 8 U.S.C. § 1225(b)(2) and had several arrests over a decade ago and was recently arrested for a driving under the influence in December 2025. (Id. at 2; ECF No. 5-1 at 4.) 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)(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 a different statute, they instead detained him under § 1225(b)(2). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 05/21/2026. (lr, ) (Entered: 05/21/2026)

May 21, 2026

Text Order

May 21, 2026

***Civil Case Terminated. (wh)

May 21, 2026

Terminate Civil Case

#8

May 26, 2026

Letter

#9

Jun 11, 2026

Letter

Jun 12, 2026

Order