District of New Jersey • 2:26-cv-05926

#1

May 24, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17456638.), filed by JORDAN SNEIDER CARDENAS GAITAN. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MIRON, ALEXANDRA) (Entered: 05/24/2026)

#2

May 24, 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 5/24/2026. (jml, ) (Entered: 05/24/2026)

May 24, 2026

Judge Jamel K. Semper added. (jml, )

May 24, 2026

Emergent Immigration Habeas Non-transfer Order

May 24, 2026

Add and Terminate Judges

#3

May 28, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Jordan Sneider Cardenas Gaitan, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Colombia who entered the United States in 2023 without inspection and has resided here since. Petitioner further alleges that he was arrested by Immigration and Customs Enforcement on May 22, 2026 when he reported for a scheduled interview. Petitioner contends that his detention violates the Due Process Clause of the Fifth Amendment, and the Immigration and Nationality Act. (Id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before June 4, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 5/28/2026. (sms) (Entered: 05/28/2026)

#4

May 28, 2026

Letter

May 28, 2026

Order to Answer

#5

May 29, 2026

Notice of Appearance

#6

May 29, 2026

Letter

#7

Jun 04, 2026

Letter

#8

Jun 08, 2026

Letter

#9

Jun 23, 2026

Letter

#10

Jun 26, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), Respondents' answer (ECF No. 7), and Petitioner's reply (ECF No. 8). Petitioner, a native and citizen of Columbia, was initially encountered in 2023 near the southern border. ECF No. 7. at 3. An asylum officer interviewed Petitioner and found that he demonstrated a credible fear of persecution or torture. Id. Petitioner was released as an expedited removal with credible fear and enrolled into an alternative to detention program. Id. He was re-apprehended on May 22, 2026, after he was disenrolled from the program for violating its terms. Petitioner is currently detained at Delaney Hall Detention Facility. Respondents contend that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(1)(B)(ii) as an arriving noncitizen with a positive credible fear determination who remains in proceedings under 8 U.S.C. § 1229a. Petitioner challenges his continued detention without an individualized custody determination. While § 1225(b)(1) authorizes mandatory detention in certain circumstances, the record reflects ambiguity regarding Petitioner's current custodial classification following parole and referral into § 1229a proceedings. See Castro v. DHS, 835 F.3d 422 (3d Cir. 2016). In light of that ambiguity and the due process concerns implicated by continued detention, the Court finds that an individualized custody determination is warranted. See Zadvydas v. Davis, 533 U.S. 678 (2001); Demore v. Kim, 538 U.S. 510 (2003); Borbot v. Warden Hudson Cnty. Corr. Facility, 906 F.3d 274 (3d Cir. 2018). Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED IN PART. Respondents shall provide Petitioner with an individualized bond hearing before an Immigration Judge within seven (7) days of the entry of this Order. At such hearing, the Government shall bear the burden of establishing, by clear and convincing evidence, that Petitioner's continued detention is necessary because he poses a danger to the community or a risk of flight that cannot be adequately mitigated through conditions of release. Within three (3) days of the bond hearing, Respondents shall file a letter advising the Court of the outcome. Petitioner shall not be transferred from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 6/26/2026. (sms) (Entered: 06/26/2026)

Jun 26, 2026

Order to Answer

#11

Jul 01, 2026

Letter

#12

Jul 02, 2026

Letter

#13

Jul 06, 2026

TEXT ORDER: This matter having come before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and the Court having previously ordered Respondents to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a) (ECF No. 10), and Respondents having filed a letter advising the Court of the outcome of said hearing (ECF No. 12), and the Court having reviewed the record and determined that the relief ordered has been provided. Accordingly, it is ORDERED that this matter is hereby CLOSED. So Ordered by Judge Jamel K. Semper on 7/6/2026. (sms) (Entered: 07/06/2026)

Jul 06, 2026

Order of Dismissal