District of New Jersey • 3:26-cv-05366

#1

May 12, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17414436.), filed by LUIS ARMANDO GOMEZ CASTRO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(MITCHELL, ADRIANA) (Entered: 05/12/2026)

#2

May 12, 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 5/12/2026. (jml, ) (Entered: 05/12/2026)

May 12, 2026

Notice of Judicial Preferences

May 12, 2026

Add and Terminate Judges

May 12, 2026

Judge Georgette Castner added. (jml, )

May 12, 2026

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

May 12, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 13, 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 Guatemala, alleges that, approximately two decades ago, he entered the United States. (Id. Para. 25.) Since his entry, Petitioner has resided continuously in this country, works in construction, is married (and the beneficiary of a pending T Visa as a derivative of his spouse, who is a victim of human trafficking), and is the father of two U.S. citizen children (aged twenty and one, respectively). (Id. Paras. 25, 28.) Petitioner was first detained by U.S. Immigration and Customs Enforcement ("ICE") on July 7, 2013, after a criminal arrest for driving on a revoked license, and, on January 8, 2013, was released from immigration custody on a $3,000 bond. (Id. Para. 26.) "Other than the known 2013 violation, Petitioner had one more contact with the [sic] law enforcement from 2018, when he was fined a de minimis amount for violating municipal ordinance." (Id. Para. 27.) On May 12, 2026, ICE arrested Petitioner at a Home Depot and have detained him at Elizabeth Detention Center in Elizabeth, New Jersey. (Id. Paras. 6, 29.) 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 Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner 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. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (ECF No. 1 -1), 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 5/13/2026. (jmh) (Entered: 05/13/2026)

May 13, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/13/2026.. (jmh)

May 13, 2026

Text Order

May 13, 2026

Docket Annotation (public)

#4

May 15, 2026

Notice of Appearance

#5

May 15, 2026

Letter

May 18, 2026

Order of Dismissal AND Text Order