District of New Jersey • 3:25-cv-17647

#1

Nov 17, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16831591.), filed by JAYESHKUMAR MISTRY. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Application for OSC, # 3 Text of Proposed Order, # 4 Index, # 5 Exhibit Ice Locator, # 6 Exhibit Petitioner Statement, # 7 Exhibit Credible Fear, # 8 Exhibit NTA, # 9 Exhibit Petitioner Release on June 20, 2023, # 10 Exhibit, # 11 Exhibit Change of Venue to NJ, # 12 Exhibit Filing Receipt, # 13 Exhibit Form I-765 Approval, # 14 Certificate of Service)(CARDENAS, VERONICA) (Entered: 11/17/2025)

Nov 17, 2025

Case Assigned to Judge Georgette Castner. (mfr)

Nov 17, 2025

Case Assigned/Reassigned

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Nov 21, 2025

Order to Answer

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Dec 10, 2025

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) The Court ordered Respondents to file an expedited answer to the Petition. (ECF No. 2 ("Order to Answer").) The Order to Answer (ECF No. 2 ) is VACATED. Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security policy and the decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 72-73.) Under this Court's recent decision in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that: (1) Petitioner entered the United States on May 18, 2023; (2) the June 3, 2023 Notice to Appear alleges that Petitioner is a non-citizen present without admission or parole; (3) on June 20, 2023, Petitioner was conditionally paroled under 8 U.S.C. § 1226(a)(2)(B); (4) Petitioner has continuously resided in this country for approximately two years and has no criminal record; and (5) on October 4, 2025, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement agents at a routine check-in. (Pet. 59-60, 62-65, 69-70.) Based on these alleged facts, Chen controls this present matter. Chen, 2025 WL 3527239, at *4. In accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Chen does not control, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Georgette Castner on 12/10/2025. (jmh) (Entered: 12/10/2025)

Dec 10, 2025

Text Order

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Dec 15, 2025

Response to Habeas Petition

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Dec 16, 2025

Status Report

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Dec 16, 2025

Letter

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Dec 19, 2025

TEXT ORDER: Within five (5) days of the date of entry of this Text Order, Petitioner shall file a reply to Respondents' argument in their December 15, 2025 response (ECF No. 4 ) that Petitioner is properly detained under 8 U.S.C. § 1225(b)(1)(B)(ii). In his response, Petitioner shall address: (1) Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025); and (2) the statutory basis for Petitioner's parole (i.e., 8 U.S.C. § 1182(d)(5)(A) or 8 U.S.C. § 1226(a)(2)(B)). So Ordered by Judge Georgette Castner on 12/19/2025. (ijf) (Entered: 12/19/2025)

Dec 19, 2025

Text Order

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Dec 23, 2025

Letter

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Dec 25, 2025

Letter

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Dec 25, 2025

Response (NOT Motion)

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Dec 29, 2025

TEXT ORDER: Within seven (7) days of the date of entry of this Text Order, Respondents shall file a response to Petitioner's December 23, 2025 letter (ECF No. 8) and December 24, 2025 letter (ECF No. 9) and his response (ECF No. 10). Respondents' submission shall address: (1) Petitioner's specific request for an order Respondents to produce DHS records establishing Petitioner's parole, or alternatively permitting limited, expedited discovery on this issue" (ECF No. 8 at 1; see also id. at 2 (specifically requesting Form I-94, any parole authorization documents, parole termination notices, custody determination records, and relevant ERO/ENFORCE/EARM notes reflecting parole, parole termination, custody screening, or classification)); (2) Petitioner's argument that he is not subject to mandatory detention under 8 U.S.C. § 1225(b)(1) because the expedited removal order is legally deficient and not in compliance with 8 C.F.R. § 2533(b)(2) and he was subsequently paroled and placed in full removal proceedings (and the notice to appear commencing such proceeding did not charge him as an arriving alien) (ECF No. 10 at 12-13); and (3) Petitioner's contention that, "[w]here a petitioner's arrest and detention are unlawful from the outset, the commensurate and appropriate equitable remedy is immediate release" and that, under this principle, courts have routinely rejected the Government's attempt to salvage such unlawful detention through post hoc justifications (id. at 18-19). Within five (5) days of the date of filing of Respondents' response, Petitioner may file a reply to the response. So Ordered by Judge Georgette Castner on 12/29/2025. (alg) (Entered: 12/29/2025)

Dec 29, 2025

Text Order

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Jan 05, 2026

Response (NOT Motion)

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Jan 06, 2026

Letter

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Jan 22, 2026

Substitution of Attorney

#15

Jan 28, 2026

Order to Answer

#16

Jan 30, 2026

Response (NOT Motion)

Jan 30, 2026

RESPONSE by Respondents re 6 Letter from Petitioner through Counsel. (kht)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only.

Feb 02, 2026

Response (NOT Motion)

#17

Feb 10, 2026

Seal

Feb 10, 2026

Set Deadlines as to 17 MOTION to Seal Exhibit #1 to Respondents' Letter Response, ECF No. 16. Motion set for 3/16/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )

Feb 10, 2026

Set/Reset Motion and R&R Deadlines/Hearings

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Mar 25, 2026

Letter

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Mar 27, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's letter filed on March 25, 2026 ("March 25, 2026 Letter"). (ECF No. 18 .) Within seven (7) days of the date of entry of this Text Order, Respondents shall file a response to the March 25, 2026 Letter. Within five (5) days of the date of filing of the response, Petitioner may file a reply to the response. In addition, within seven (7) days of the date of entry of this Text Order, Respondents shall file and serve, under temporary seal, "Exhibit #1 to Respondents' Letter Response, ECF No. 16 .". So Ordered by Judge Georgette Castner on 3/27/2026. (jmh) (Entered: 03/27/2026)

Mar 27, 2026

Text Order

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Apr 01, 2026

Response (NOT Motion)

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Apr 07, 2026

Amended Complaint

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Apr 27, 2026

Order on Motion to Seal

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Apr 28, 2026

Exhibit (to Document)

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Apr 29, 2026

Status Report

May 29, 2026

Order of Dismissal AND Text Order