District of New Jersey • 1:26-cv-05392

#1

May 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17416270.), filed by JOSE ABRAHAM ATZ SUTUJ. (Attachments: # 1 Civil Cover Sheet JS-44, # 2 AO 242)(REILLY, CATHERINE) (Entered: 05/13/2026)

#2

May 13, 2026

MOTION for Temporary Restraining Order by JOSE ABRAHAM ATZ SUTUJ. (REILLY, CATHERINE) (Entered: 05/13/2026)

#3

May 13, 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 5/13/2026. (ps) (Entered: 05/13/2026)

#4

May 13, 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"), and he filed a motion for temporary restraining order seeking to enjoin his transfer or removal from New Jersey and for immediate release, Dkt. No. 2 ("TRO Motion.") 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 seven (7) 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 is subject to detention under Section 1226(a). Therefore, in accordance with 8 U.S.C. 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. Section 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. The Clerk shall DISMISS the TRO Motion, Dkt. No. 2, as moot because the Court has enjoined Petitioner's transfer from New Jersey and expedited resolution of this matter. So Ordered by Chief Judge Renee Marie Bumb on 5/13/2026. (lm, ) (Entered: 05/13/2026)

May 13, 2026

Order AND ~Util - Terminate Motions

May 13, 2026

Case Assigned to Chief Judge Renee Marie Bumb. (ps)

May 13, 2026

Case Assigned/Reassigned

May 13, 2026

Emergent Immigration Habeas Non-transfer Order

#5

May 21, 2026

Motion to Quash/Compel/Enforce

#6

May 21, 2026

Notice of Appearance

#7

May 21, 2026

Letter

#8

May 22, 2026

Response to Habeas Petition

#9

May 22, 2026

Reply to Response to Motion

#10

Jun 18, 2026

Letter

#11

Jun 22, 2026

TEXT ORDER dismissing 5 Motion to Quash This matter comes before the Court upon Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2241, where he challenges his mandatory detention by immigration authorities under 8 U.S.C. 1225(b)(2) as unlawful. Dkt. No. 1 ("Petition"). One day after Respondents' expedited answer to the Petition was due, Respondents filed a request for a nunc pro tunc extension of the deadline to answer, Dkt. No. 7. Respondents' request for an extension is GRANTED. Therefore, Petitioner's motion to enforce the Court's May 13, 2026 Order to answer, Dkt. No. 5, is DISMISSED as moot. Respondents filed an expedited answer to the Petition on May 22, 2026. Dkt. No. 8 ("Answer"). Respondents acknowledge that they rely on the same statutory-interpretation arguments rejected by this Court and other courts within this District in factually similar cases where immigration authorities detained petitioners under 8 U.S.C. § 1225(b)(2) without a bond hearing. See, e.g., Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025); Perez v. Lyons, No. 25-17186 (ESK), 2025 WL 3238540 (D.N.J. Nov. 19, 2025); Answer at 1, n. 1 and 3. Pursuant to this Court's Order to answer, Respondents also submitted that Petitioner has a criminal history, arrest for simple assault in Passaic County, New Jersey on January 16, 2023. Answer at 1; Dkt. No. 8-1, Ex. A ("May 2, 2026 I-213") at 2. Respondents also contend that the only remedy, if the Court finds § 1225 does not apply to Petitioner, is a bond hearing under § 1226(a) and not immediate release. Answer at 2. Pursuant to Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) and similar decisions in this District, including those cited by Respondents in their Answer, the Court holds Petitioner is unlawfully detained under Section 1225(b)(2) without a bond hearing. Accordingly, Respondents shall provide Petitioner with a bond hearing pursuant to 8 U.S.C. 1226(a) within three days of this Order. See Boumediene v. Bush, 553 U.S. 723, 813 (2008) ("habeas is... a flexible remedy rather than a substantive right.") Within three days of the bond hearing, Respondents shall file a status report of the outcome of the bond hearing. SO ORDERED by Chief Judge Renee Marie Bumb on 06/22/2026. (Costigan, Roberta) (Entered: 06/22/2026)

Jun 22, 2026

Order on Motion to Quash

#12

Jun 23, 2026

Letter