District of New Jersey • 2:26-cv-05743

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May 19, 2026

First PETITION for Writ of Habeas Corpus V LUIS SOTO ET AL. ( Filing fee $ 5 receipt number ANJDC-17440796.), filed by EVER JOEL PAZ RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 05/19/2026)

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May 19, 2026

First MOTION for Temporary Restraining Order V LUIS SOTO ET AL. by EVER JOEL PAZ RODRIGUEZ. (DUQUE-ISERN, STEPHANIE) (Entered: 05/19/2026)

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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 5/19/2026. (jml, ) (Entered: 05/19/2026)

May 19, 2026

Judge Julien Xavier Neals added. (jml, )

May 19, 2026

Add and Terminate Judges

May 19, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Please make sure to include the Respondent descriptions in the PARTY TEXT field, not the TITLE field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

May 19, 2026

Emergent Immigration Habeas Non-transfer Order

May 19, 2026

QC - Attorney Case Opening

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May 20, 2026

TEXT ORDER - Before the Court is Petitioner Ever Joel Paz Rodriguez'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 ) and a Motion for a Temporary Restraining Order ("TRO") (ECF No. 2 ). Petitioner, a native of Honduras, who entered the United States in September 2019, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he was previously released into the country and was re-detained years later on the interior of the country. As such, his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1), which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that Petitioner's TRO Motion (ECF No. 2) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 5/20/2026. (kd) (Entered: 05/20/2026)

May 20, 2026

Text Order

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May 26, 2026

Notice of Appearance

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May 26, 2026

Response to Motion