District of New Jersey • 3:26-cv-07077

#1

Jun 14, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17537357.), filed by Carlos Lopez Paguay. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet)(PICCIALLO, LAUREN) (Entered: 06/14/2026)

#2

Jun 14, 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 6/14/2026. (jml, ) (Entered: 06/14/2026)

#3

Jun 14, 2026

Certification on behalf of CARLOS LOPEZ PAGUAY Re 1 Petition for Writ of Habeas Corpus. (PICCIALLO, LAUREN) (Entered: 06/14/2026)

Jun 14, 2026

Add and Terminate Judges

Jun 14, 2026

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

Jun 14, 2026

Notice of Judicial Preferences

Jun 14, 2026

Judge Georgette Castner added. (jml, )

Jun 14, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 15, 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 Ecuador, entered the United States in December 2022 without inspection. (Id. Para. 2.) On or about February 24, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner and have detained him at Elizabeth Detention Center in Elizabeth, New Jersey. (Id. Paras. 24, 28,) On March 24, 2026, Petitioner filed an asylum application. (Id. Para. 25.) 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, D.E. 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 a significant 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 & 1 -2), the certification (ECF No. 3 ), 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 6/15/2026. (jmh) (Entered: 06/15/2026)

#5

Jun 15, 2026

Notice of Appearance

#6

Jun 15, 2026

Response to Habeas Petition

Jun 15, 2026

4 Text Order and ECF Nos. 1 and 3 emailed to USANJ-HabeasCases@usdoj.gov on 6/15/2026. (jmh)

Jun 15, 2026

Text Order

Jun 15, 2026

Docket Annotation (public)

#7

Jun 16, 2026

Reply to Response (NOT Motion)

#8

Jun 19, 2026

TEXT ORDER: This matter is before the Court on Respondents' expedited response (ECF No. 6 ), submitted pursuant to this Court's June 15, 2026 Text Order (ECF No. 4 ) ordering Respondents to file an expedited answer if they contend that "Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has a significant criminal history," and Petitioner's reply (ECF No. 7 ). It is undisputed that Petitioner has at least four pending charges from February 2026 for driving-related offenses. (ECF No. 6 at 2.) On February 12, 2026, Petitioner was charged with contempt for violating a domestic violence protective order in violation of N.J. Stat. Ann. § 2C:29-9B(2). (Id. (noting that the Union County Prosecutor's Office unsuccessfully moved for Petitioner to remain detained pending trial).) Given Petitioner's criminal history, the Court concludes that, in accordance with § 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 immigration judge 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'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 6/19/2026. (jmh) (Entered: 06/19/2026)

Jun 19, 2026

Text Order

#9

Jun 26, 2026

Letter

#10

Jun 29, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 8 .) The bond hearing has now occurred, and the IJ denied Petitioner's release on bond. (ECF No. 9 .) The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey. Having granted Petitioner all available relief, no further issues remain for adjudication. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/29/2026. (jmh) (Entered: 06/29/2026)

Jun 29, 2026

Order of Dismissal AND Text Order