District of New Jersey • 2:26-cv-05614

#1

May 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17430023.), filed by WALTER SERRANO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MARK, ERIC) (Entered: 05/16/2026)

#2

May 16, 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 5/16/2026. (jml, ) (Entered: 05/16/2026)

May 16, 2026

Emergent Immigration Habeas Non-transfer Order

May 16, 2026

Judge Brian R. Martinotti added. (jml, )

May 16, 2026

Add and Terminate Judges

#3

May 18, 2026

ORDER TO ANSWER: Within five (5) days of the date of the entry of this Order, Respondents shall electronically file a full and complete answer to said Petition; 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 5/18/2026. (kes, ) (Entered: 05/18/2026)

#4

May 26, 2026

Notice of Appearance

#5

May 26, 2026

Response to Habeas Petition

#6

May 26, 2026

Reply to Response (NOT Motion)

#7

May 27, 2026

TEXT ORDER: Before the Court is Petitioner Walter Serrano'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 in 1999. (ECF No. 1 at 2.) Respondents submit that Petitioner is being detained under 8 U.S.C. § 1225(b)(2) and was previously arrested in 2013 for various offenses and was recently arrested in May 2026 for simple assault. (Id. at 1-2) 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 was detained in the interior of the country years after entering, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 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 05/27/2026. (lr, ) (Entered: 05/27/2026)

May 27, 2026

Terminate Civil Case

May 27, 2026

***Civil Case Terminated. (wh)

May 27, 2026

Text Order

#8

Jun 04, 2026

Status Report