District of New Jersey • 3:26-cv-06336

#1

May 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17481335.), filed by JOSE TORBET SOTO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(MENA, ALEXANDER) (Entered: 05/29/2026)

#2

May 30, 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 5/30/2026. (jml, ) (Entered: 05/30/2026)

May 30, 2026

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

May 30, 2026

Notice of Judicial Preferences

May 30, 2026

Emergent Immigration Habeas Non-transfer Order

May 30, 2026

Add and Terminate Judges

May 30, 2026

Judge Georgette Castner added. (jml, )

#3

Jun 01, 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 Venezuela, allegedly entered the United States on or about September 13, 2022, via Eagle Pass, Texas, and was briefly detained and ultimately released into the country. (Id. Para. 42.) Petitioner complied with his check-in requirements and filed an I-580 Application for Asylum and Withholding of Removal, filed an application for Temporary Protected Status ("TPS") under the 2023 Venezuelan designation (which was approved), received work authorization, and has paid his taxes. (Id. Paras. 43-47.) "Petitioner has no criminal history." (Id. Para. 52.) On or about May 21, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 48-49.) 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). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, ECF No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty-four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. 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 1-7), 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 6/1/2026. (jmh) (Entered: 06/01/2026)

Jun 01, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 6/1/2026. (jmh)

Jun 01, 2026

Text Order

Jun 01, 2026

Docket Annotation (public)

#4

Jun 02, 2026

Notice of Appearance

#5

Jun 02, 2026

Status Report

Jun 03, 2026

Order of Dismissal AND Text Order