District of New Jersey • 3:25-cv-17839

#1

Nov 21, 2025

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-16848365.), filed by Jose Javier Larios Cahuec. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 11/21/2025)

Nov 21, 2025

Case assigned to Judge Georgette Castner. (tjg, )

Nov 21, 2025

Notice of Judicial Preferences

Nov 21, 2025

Case Assigned/Reassigned

Nov 21, 2025

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

#2

Nov 24, 2025

Memorandum and Order to Answer: Petitioner's request for an OTSC (ECF No. 1 at 31) is DENIED; Respondents shall file an answer to the Petition within twenty-one (21) days of the date of entry of this Order. Signed by Judge Georgette Castner on 11/24/2025. (dnw) (Entered: 11/24/2025)

Nov 24, 2025

The Memorandum and Order and a copy of the Petition have been mailed and emailed to the appropriate recipients, as directed by the Order. (dnw)

Nov 24, 2025

Docket Annotation (public)

#3

Dec 04, 2025

Temporary Restraining Order

#4

Dec 08, 2025

TEXT ORDER: This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 1241 (D.E. No. 1 ("Petition" or "Pet."). The Court ordered Respondents to file an expedited answer to the Petition. (D.E. No. 3 ("Order to Answer"). The Order to Answer (D.E. No. 3 ) is VACATED. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of U.S.C. § 1225(b) pursuant to the July 8, 2025 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 29 (2025). (Pet. 25-27, 29). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3480299 (D.N.J. Dec. 3, 2025), the Court finds 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, as it appears that Petitioner has resided continuously in the United States since his entry without inspection or parole in August 2024, the Notice to Appear identifies Petitioner as "an alien present in the United States who has not been admitted or paroled," he has no criminal record, and he was arrested by Immigration and Customs Enforcement in October 2025 when he reported for a scheduled check-in in the interior of the United States, Diaz Rudicendo controls this present matter. See id. at *4; (Pet. 1, 15-16, 18-19; D.E. No. 2-3 at 1), Accordingly, within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) 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 Diaz Rudicendo does not control, for example, because it is factually distinguishable, 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 12/8/2025. (jmh) (Entered: 12/08/2025)

Dec 08, 2025

Text Order

#5

Dec 09, 2025

Memorandum AND Order

Dec 09, 2025

CLERK'S QUALITY CONTROL MESSAGE - The 4 Text Order entered by the Clerk's Office on December 8, 2025 was entered in error. Please disregard. (jmh)

Dec 09, 2025

QC - Generic Message

#6

Dec 11, 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. 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 memorandum 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 35-38.) 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 has resided continuously in the United States since he entered the country without inspection in 2021; and (2) in November 2025, Petitioner was arrested at a traffic stop in the interior of the United States. (ECF No. 1 27, 30.) 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 12/11/2025. (jmh) (Entered: 12/11/2025)

Dec 11, 2025

Text Order

#7

Dec 16, 2025

Letter

#8

Dec 18, 2025

Letter

#9

Dec 18, 2025

TEXT ORDER: This matter comes before the Court on Petitioner's letter request for the Court to order his immediate release from immigration detention. (ECF No. 8 at 2.) Petitioner has established that, since the IJ granted release on bond on December 10, 2025, his family and counsel have diligently but unsuccessfully attempted to post bond and that ICE has hindered his ability to be released on bond pursuant to the IJ's December 10, 2025 order and this Court's Text Order (ECF No. 6 ) concluding that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, and ordering Respondents to provide an expeditious bond hearing before an IJ. (ECF No. 8 at 1-2.) Accordingly, the request for immediate release is GRANTED. Within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner from immigration detention and provide written notice to the Court of Petitioner's release from custody. So Ordered by Judge Georgette Castner on 12/18/2025. (ijf) (Entered: 12/18/2025)

Dec 18, 2025

Text Order

#10

Dec 19, 2025

Letter

#11

Jan 12, 2026

TEXT ORDER: The Court previously ordered that Respondents shall immediately release Petitioner from immigration detention. (ECF No. 9 .) Petitioner has been released from custody. (ECF No. 10 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Clerk of the Court shall CLOSE this matter. (jmh) (Entered: 01/12/2026)

Jan 12, 2026

Order of Dismissal AND Text Order