District of New Jersey • 3:26-cv-06069

#1

May 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17468717.), filed by JUAN G ARBIETO-SARMIENTO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MARK, ERIC) (Entered: 05/27/2026)

#2

May 27, 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 5/27/2026. (jml, ) (Entered: 05/27/2026)

May 27, 2026

Notice of Judicial Preferences

May 27, 2026

Add and Terminate Judges

May 27, 2026

Judge Georgette Castner added. (jml, )

May 27, 2026

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

May 27, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 28, 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 Peru, entered the United States without inspection approximately twenty years ago. (Id. Para. 24.) Petitioner has a nine-year old U.S. citizen child, has resided with his child and long-term lawful permanent resident partner for approximately ten years, and has maintained employment with the same limousine business for about fifteen years (and opened a new business two months ago). (Id. Paras. 24-25.) In October 2019, Petitioner and his partner "were involved in an alcohol-related incident that resulted in his arrest." (Id. Para. 27.) "Based on the statements of [Petitioner''s] partner, it is believed the charge was dismissed and expunged. No data is publicly available on the New Jersey court system, most likely because it was expunged. After this incident, [Petitioner] stopped drinking alcohol and the couple reconciled. They are still together." (Id.) On May 25, 2026, U.S. Immigration and Customs Detention arrested Petitioner at the Memorial Day Parade in Freehold, New Jersey, and have detained him at the Elizabeth Detention Center in Elizabeth, New Jersey. (Id. Paras. 18, 26.) 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. 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 -6), 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 5/28/2026. (jmh) (Entered: 05/28/2026)

May 28, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/28/2026. (jmh)

May 28, 2026

Text Order

May 28, 2026

Docket Annotation (public)

#4

May 29, 2026

Notice of Appearance

#5

May 29, 2026

Letter

#6

May 29, 2026

Letter

#7

Jun 02, 2026

TEXT ORDER: This matter is before the Court on Respondents' letter (ECF No. 5 ), filed pursuant to this Court's May 28, 2026 Text Order (ECF No. 4 ) 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 reply letter (ECF No. 6 ). Given Petitioner's admission that he was involved in a prior alcohol-related incident with his partner that resulted in his arrest and charges being filed (ECF No. 4 ), 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 asserts that "the proper remedy is immediate release because the immigration court is no longer capable of providing a Due Process compliant hearing before an independent arbiter." (ECF No. 6 at 1.) "In a fundamentally fair bond hearing, due process has three essential elements. 'An alien: (1) is entitled to fact finding based on a record produced before the decision maker and disclosed to him or her; (2) must be allowed to make arguments on his or her own behalf; and (3) has the right to an individualized determination of his [or her] interests.'" Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (alteration in original) (quoting Kamara v. Att'y Gen. of U.S., 420 F.3d 202, 211 (3d Cir. 2005)). The Court "cannot say that petitioner will not receive a fundamentally fair bond hearing before said hearing takes place." Belilla v. Blanche, No. 26-5363, 2026 WL 1480396, at *2 (D.N.J. May 27, 2026). Furthermore, immigration detainees must exhaust all administrative remedies before they may seek habeas relief, and, because no bond hearing has been provided, the Court cannot conclude that exhaustion would be futile. See Id. However, 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 6/2/2026. (jmh) (Entered: 06/02/2026)

Jun 02, 2026

Text Order

#8

Jun 11, 2026

Letter

#9

Jun 12, 2026

VACATED - TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 7 .) The bond hearing has now occurred, and the IJ denied Petitioner's release on bond. (ECF No. 8 -1 at 1.) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/12/2026. (jmh) Modified on 6/12/2026 (jmh). (Entered: 06/12/2026)

#10

Jun 12, 2026

TEXT ORDER: This matter comes before the Court on its review of the docket. The Text Order entered at ECF No. 9 is VACATED, the Clerk of the Court shall REOPEN this matter, and Respondents are ENJOINED from transferring Petitioner from the District of New Jersey pending further Order of the Court. Respondents attached to their June 11, 2026 letter an IJ order for an individual other than Petitioner. (See ECF No. 8 -1.) Within twenty-four (24) hours of the time of entry of this Text Order, Respondents are ordered to provide appropriate documentation in support of their June 11, 2026 letter or otherwise advise the Court of the status of Petitioner's bond hearing. So Ordered by Judge Georgette Castner on 6/12/2026. (jmh) (Entered: 06/12/2026)

#11

Jun 12, 2026

Letter

Jun 12, 2026

Order of Dismissal AND Text Order

Jun 12, 2026

Order Reopening Case

#12

Jun 15, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 7 .) Respondents have informed the Court that the bond hearing has now occurred, and the IJ denied Petitioner's release on bond. (ECF No. 11 -1 at 1.) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 10 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/15/2026. (jmh) (Entered: 06/15/2026)

Jun 15, 2026

Order of Dismissal AND Text Order