District of New Jersey • 1:26-cv-05248

#1

May 09, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17404511.), filed by JORGE DANIEL CACERES ROMERO. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit)(MONTERO, FRANKLIN) (Entered: 05/09/2026)

#2

May 09, 2026

Emergency MOTION for Temporary Restraining Order by JORGE DANIEL CACERES ROMERO. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 05/09/2026)

#3

May 10, 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 5/10/2026. (jml, ) (Entered: 05/10/2026)

#4

May 10, 2026

TEXT ORDER. Petitioner alleges he is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within five (5) days of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Chief Judge Renee Marie Bumb on 05/10/26. (Bumb, Renee) (Entered: 05/10/2026)

May 10, 2026

Add and Terminate Judges

May 10, 2026

Emergent Immigration Habeas Non-transfer Order

May 10, 2026

Order

May 10, 2026

Chief Judge Renee Marie Bumb added. (jml, )

#5

May 12, 2026

Notice of Appearance

#6

May 14, 2026

Response (NOT Motion)

#7

Jun 22, 2026

TEXT ORDER This matter comes before the Court upon Respondents' expedited answer, Dkt. No. 6 ("Answer") to Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2241, Dkt. No. 1 ("Petition"). Respondents assert Petitioner's immigration detention is lawful and comports with due process because he is eligible for a bond hearing under 8 U.S.C. 1226(a) but withdrew his bond request. Answer at 1. Petitioner entered the U.S. on a B-2 non-immigrant "Visitor for Pleasure" visa as a minor on November 19, 2011, with authorization to remain until May 18, 2012. Dkt. No. 6-1, Ex. A ("I-213") at 2; Petition 1. He unlawfully overstayed his visa and remained in the U.S. Id. On May 7, 2026, U.S. Immigration and Customs Enforcement ("ICE") encountered Petitioner in the custody of the Middlesex County Jail in North Brunswick, New Jersey, following his arrest for burglary. I-213 at 2. ICE detained Petitioner, issued a Notice to Appear ("NTA"), and charged him as removable from the United States pursuant to 8 U.S.C. § 1227(a)(1)(B). Dkt. No. 6-2, Ex. B ("NTA") at 1. Under § 1226(a), immigration officials have discretion to release an alien during his removal proceedings. Answer at 2. Pursuant to 8 C.F.R. § 236.1(c)(8), immigration officers can authorize release if the alien demonstrates he is not a danger to the community and is likely to appear for any future proceeding. Id. A noncitizen can also request a custody redetermination by an immigration judge. See 8 U.S.C. § 1226(a); 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1), 1003.19. Id. Petitioner requested that an immigration judge review his custody determination, Dkt. No. 6-3, Ex. C ("Notice of Custody Redetermination") at 1, and was scheduled for a bond hearing on May 14, 2026, Dkt. No. 6-4, Ex. D ("Notice of Custody Redetermination Hearing") at 1, but he withdrew his request on May 13, 2026, Dkt. No. 6-5, Ex. E ("Order of the Immigration Judge") at 1. The Court agrees that Petitioner is not entitled to habeas relief because his detention under Section 1226(a), with opportunity for a custody redetermination, is lawful. Therefore, the Court DENIES the Petition. So Ordered by Chief Judge Renee Marie Bumb on 06/22/2026. (Costigan, Roberta) (Entered: 06/22/2026)

Jun 22, 2026

Order