District of New Jersey • 3:26-cv-05751

#1

May 19, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17441109.), filed by JEAN CARLOS RODRIGUEZ NUNEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Brief, # 9 Civil Cover Sheet, # 10 Certificate of Service, # 11 Supplement Notice of Appearance, # 12 Supplement Order to Show Cause)(SANTAMARIA, STERLING) (Entered: 05/19/2026)

#2

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. (tjg, ) (Entered: 05/19/2026)

May 19, 2026

Case assigned to Judge Georgette Castner. (tjg, )

May 19, 2026

Case Assigned/Reassigned

May 19, 2026

Emergent Immigration Habeas Non-transfer Order

May 20, 2026

Notice of Judicial Preferences

May 20, 2026

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

#3

May 22, 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 the Dominican Republic, alleges that he entered the United States with inspection on or about November 27, 2022, was taken into custody by border patrol officers, and was then released on his own recognizance and served with a Notice to Appear. (Id. Para. 21.) Petitioner has been living in New Jersey since his arrival and has filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. (Id. Paras. 2, 22.) Petitioner was arrested in Perth Amboy, New Jersey, on a charge of simple assault under N.J. Stat. Ann. § 2C:12-1(a)(1) ("Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another"), but the charge was dismissed on October 28, 2025. (Id. Para. 23; ECF No. 1-6.) "Apart from that, and apart from his brief detention upon entering the United States and this current unlawful detention, he has no criminal history in the Dominican Republic or elsewhere." (Id. Para. 23.) On May 10, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was making deliveries for his employer and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 4-5.) 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). Within forty-eight (48) hours of the time of entry of this Text Order, Respondents shall file a response addressing whether the Court should order that Petitioner be provided with a bond hearing before an immigration judge on the grounds that he could pose a flight risk or a danger to the community. Petitioner may file a reply within twenty-four (24) hours of the time of filing of Respondents' response. Petitioner's request for an order to show cause (ECF No. 1 -12) is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -12), 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 5/22/2026. (jmh) (Entered: 05/22/2026)

May 22, 2026

Docket Annotation (public)

May 22, 2026

Text Order

May 22, 2026

3 Text Order and ECF No. 1 sent to USANJ-HabeasCases@usdoj.gov on 5/22/2026. (jmh)

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May 23, 2026

Notice of Appearance

#5

May 23, 2026

Letter

#6

May 24, 2026

Letter

#7

May 26, 2026

TEXT ORDER: This matter is before the Court on Respondents' expedited response (ECF No. 5 ("Response")), filed pursuant to this Court's May 22, 2026 Text Order (ECF No. 3 ("May 22, 2026 Text Order") ordering Respondents to file a response addressing whether the Court should order that Petitioner be provided with a bond hearing before an immigration judge ("IJ") on the grounds that he could pose a flight risk or a danger to the community, and Petitioner's letter replying to the Response (ECF No. 6 ). As the Court noted in its May 22, 2026 Text Order, according to the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), "Petitioner was arrested in Perth Amboy, New Jersey, on a charge of simple assault under N.J. Stat. Ann. § 2C:12-1(a)(1) ("Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another"), but the charge was dismissed on October 28, 2025." (May 22, 2026 Text Order (citing ECF No. 1 Para. 23; ECF No. 1 -6).) Citing to an attached "RAP Sheet," Respondents observe that this arrest was related to "a domestic violence incident." (ECF No. 5 at 1 (citing ECF No. 5-1 at 5 ).) In light of Petitioner's relatively recent "domestic violence" arrest/charge, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an IJ who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Georgette Castner on 5/26/2026. (jmh) (Entered: 05/26/2026)

May 26, 2026

Text Order

#8

Jun 04, 2026

Letter

#9

Jun 12, 2026

Letter

Jun 15, 2026

Order of Dismissal AND Text Order