District of New Jersey • 2:26-cv-05713

CASTRO v. SECRETARY

Active

Case Information

Filed: May 19, 2026
Assigned to: Evelyn Padin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 22, 2026
Parties: View All Parties →

Docket Entries

#1
May 19, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54126.), filed by GABRIEL OMAR CEDENO CASTRO. (Attachments: # 1 Exhibit, # 2 Envelope)(N/M)(vm) (Entered: 05/19/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 19, 2026
EMERGENCY MOTION TO EXPEDITE PETITION FOR WRIT OF HABEAS CORPUS by GABRIEL OMAR CEDENO CASTRO. (vm) (Entered: 05/19/2026)
Main Document: Expedite
#3
May 19, 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 5/19/26. (vm) (Entered: 05/19/2026)
May 19, 2026
Emergent Immigration Habeas Non-transfer Order
#4
May 20, 2026
TEXT ORDER: Pro se Petitioner Gabriel Omar Cedeno Castro filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Petitioner alleges he is a citizen of Panama who entered the United States on or about June 30, 2024, and was placed in immigration proceedings and later released by immigration authorities under reporting requirements and supervision conditions. Id. 4-6. Petitioner alleges that he complied with immigration reporting requirements for a substantial time but missed one reporting appointment and attempted to reschedule. Id. 7-8. Petitioner seeks a bond hearing where the Government bears the burden of proof by clear and convincing evidence that he is a flight risk or danger or, alternatively, for the Court to order his release. Id. at 6-7. Petitioner also filed an emergency motion to expedite resolution of his Petition. D.E. 2 ("Emergency Motion"). Petitioner shall, within 48 hours of the filing of this Order, submit a supplement to his Petition describing the circumstances of missing his reporting appointment and his attempt to reschedule. The Court has issued an order enjoining Petitioner's transfer outside the District of New Jersey pending his proceeding, and the Court will order an expedited answer to the Petition upon the filing of Petitioner's supplement to his Petition. Therefore, the Clerk shall DISMISS as MOOT the Emergency Motion, D.E. 2 .. So Ordered by Judge Evelyn Padin on 5/20/2026. (bt) (Entered: 05/20/2026)
May 20, 2026
Text Order AND ~Util - Terminate Motions
#5
May 21, 2026
Letter
Main Document: Letter
#6
May 22, 2026
TEXT ORDER: This matter is before the Court upon Petitioner Gabriel Omar Cedeno Castro's supplement to his Petition, D.E. 5 ("Supplement to Petition"), where he describes the circumstances of missing his immigration reporting appointment and his attempt to reschedule. Having reviewed the Supplement to Petition, it is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within seven days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful. If Respondents do not file an expedited answer in opposition, they shall instead, within seven days of this Order, provide Petitioner a bond hearing in compliance 8 C.F.R. § 236.1(c)(8) and (d). Within three days of the bond hearing, Respondents shall file a status report indicating the outcome of the bond hearing. So Ordered by Judge Evelyn Padin on 5/22/2026. (bt) (Entered: 05/22/2026)
May 22, 2026
Text Order
#7
May 26, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
May 26, 2026
Letter
Main Document: Letter
#9
May 27, 2026
Letter
Main Document: Letter
#10
Jun 01, 2026
Letter
Main Document: Letter
Jun 22, 2026
Text Order
Jun 22, 2026
Terminate Civil Case

Parties

CASTRO
Party
SECRETARY
Party