District of New Jersey • 2:26-cv-06635

#1

Jun 06, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17511288.), filed by CRESCENCIO DIAZ RODRIGUEZ. (Attachments: # 1 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 06/06/2026)

#2

Jun 06, 2026

First MOTION for Leave to Appear Pro Hac Vice to show cause by CRESCENCIO DIAZ RODRIGUEZ. (Attachments: # 1 Exhibit motion, # 2 Exhibit Affirmation on admission)(LIPSITZ, JONATHAN) (Entered: 06/06/2026)

#3

Jun 07, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Ordered by Chief Judge Renee Marie Bumb on 6/7/2026. (jml, ) (Entered: 06/07/2026)

Jun 07, 2026

Add and Terminate Judges

Jun 07, 2026

Judge Julien Xavier Neals added. (jml, )

Jun 07, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 08, 2026

Set Deadlines as to 2 First MOTION for Leave to Appear Pro Hac Vice to show cause. Motion set for 7/6/2026 before Judge Julien Xavier Neals. 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. (fbm)

Jun 08, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#4

Jun 10, 2026

ORDER TO ANSWER: Respondents shall file an answer to the Petition within 5 days of this Order. Petitioner's 1 -2 Request for an OTSC is denied without prejudice. The 2 Motion for Leave to Appear Pro Hac Vice is granted as to YIFEI HE. Signed by Judge Julien Xavier Neals on 6/10/2026. (dmr3) (Entered: 06/10/2026)

#5

Jun 12, 2026

Notice of Appearance

#6

Jun 15, 2026

Response (NOT Motion)

#7

Jun 16, 2026

TEXT ORDER - Before the Court is Petitioner Crescencio Diaz Rodriguez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) On June 15, 2026, Respondents filed an expedited answer, arguing that Petitioner is mandatorily detained under 8 U.S.C. § 1225(b)(2). (See generally ECF No. 6 .) Petitioner, a native of Mexico, entered the country without inspection in March 2004 and has remained here since. (Id.) Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court again finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b) and have still failed to provide Petitioner with the individualized bond hearing to which he is entitled. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED, and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b), which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that within three (3) days of the date of entry of this Text Order, Respondents shall file a written notice on the docket confirming Petitioner's release from custody; and it is finally ORDERED that the Clerk of Court shall CLOSE the case. So Ordered by Judge Julien Xavier Neals on 6/16/2026. (kd) (Entered: 06/16/2026)

Jun 16, 2026

Text Order

Jun 16, 2026

Terminate Civil Case

Jun 16, 2026

***Civil Case Terminated. (wh)

#8

Jun 17, 2026

Letter