District of New Jersey • 1:26-cv-06416

#1

Jun 02, 2026

First PETITION for Writ of Habeas Corpus JULNER JOSE MONASTERIOS GARCIA ( Filing fee $ 5 receipt number ANJDC-17488926.), filed by JULNER JOSE MONASTERIOS GARCIA. (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Supplement, # 10 Brief, # 11 Text of Proposed Order, # 12 Civil Cover Sheet)(ENGLISH, JUSTIN) (Entered: 06/02/2026)

#2

Jun 02, 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 6/2/2026. (ps) (Entered: 06/02/2026)

Jun 02, 2026

Case Assigned/Reassigned

Jun 02, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 02, 2026

Case Assigned to Judge Karen M. Williams. (ps)

#3

Jun 03, 2026

TEXT ORDER The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Julner Jose Monasterios Garcia ("Petitioner"), 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 Venezuela who was lawfully paroled into the United States on or about June 29, 2023, pursuant to the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans ("CHNV") program. Petitioner alleges that he was authorized to reside and work in the United States pursuant to humanitarian parole, subsequently applied for Temporary Protected Status ("TPS"), and resided in Queens, New York, continuously following his entry into the country. Petitioner further alleges that he was employed full-time, helped support family members, and has no criminal history or prior arrests. Petitioner alleges that ICE took him into custody on May 5, 2026, and that he remains detained without access to a bond hearing pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Petitioner contends that his continued detention is unlawful and violates the Due Process Clause of the Fifth Amendment. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because he was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by June 10, 2026, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on 6/3/26. (nar) (Entered: 06/03/2026)

#4

Jun 03, 2026

Notice of Appearance

#5

Jun 03, 2026

Letter

Jun 03, 2026

Order