District of New Jersey • 3:26-cv-07580

LOJA GRANDA v. SOTO

Completed

Case Information

Filed: June 24, 2026
Assigned to: Georgette Castner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 02, 2026
Last Activity: July 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 24, 2026
Petition for Writ of Habeas Corpus
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 24, 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 6/24/2026. (jml, ) (Entered: 06/24/2026)
Jun 24, 2026
Notice of Judicial Preferences
Jun 24, 2026
Add and Terminate Judges
Jun 24, 2026
Emergent Immigration Habeas Non-transfer Order
Jun 24, 2026
Judge Georgette Castner added. (jml, )
Jun 24, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )
#3
Jun 25, 2026
TEXT ORDER: This matter is before the Court on the counseled petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioners David Antonio Loja Granda and Luis Ernesto Huasco-Loja, Loja Granda's son. (ECF No. 1 .) Loja Granda and Huasco-Loja are natives and citizens of Ecuador. (Id. Paras. 10-11). Loja Granda allegedly has been present in the United States since 2001, when he entered the United States by crossing the border from Mexico. (Id. Para. 2.) Loja Granda has two U.S. children, who are siblings of Huasco-Loja. (Id.) Huasco-Loja allegedly entered the United States in 2009 by crossing the U.S.-Mexico border. (Id.) "Neither Petitioner have any criminal history and were never detained by immigration officials until June 22, 2026, when they were detained by ICE officers during a routine 'sweep.'" (Id.) The Petitioners remain detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id.) Based on Petitioners' 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 Petitioners are subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioners under § 1225(b) in violation of the Immigration and Nationality Act and their 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[s] 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 Petitioners under the same conditions, if any, that existed prior to their detention. Within twenty four (24) hours of Petitioners' release, Respondents shall file a status report confirming the time of Petitioners' release. Alternatively, if Respondents contend that Loja Granda's and/or Huasco-Loja's case is legally distinguishable from those cases cited herein, or Loja Granda's and/or Huasco-Loja's detention is pursuant to 8 U.S.C. § 1226(a) as Loja Granda and/or Huasco-Loja misrepresented his/their criminal history, Respondents shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Loja Granda and/or Huasco-Loja 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 attachment to the Petition (ECF No. 1 -1), 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 6/25/2026. (jmh) (Entered: 06/25/2026)
#4
Jun 25, 2026
Notice of Appearance
Main Document: Notice of Appearance
Jun 25, 2026
Docket Annotation (public)
Jun 25, 2026
Text Order
Jun 25, 2026
3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 6/25/2026. (jmh)
#5
Jun 27, 2026
Letter
Main Document: Letter
#6
Jun 29, 2026
TEXT ORDER: The Court previously ordered that Respondents release Petitioners under the same conditions, if any, that existed prior to their detention. (ECF No. 3 .) Respondents have indicated that "Petitioner" has been released. Within 24 hours of this Text Order, Respondents shall confirm whether both Petitioners have been released subject to the same conditions that existed before their detention. So Ordered by Judge Georgette Castner on 6/29/2026. (jmh) (Entered: 06/29/2026)
Jun 29, 2026
Text Order
#7
Jul 01, 2026
Letter
Main Document: Letter
#8
Jul 02, 2026
TEXT ORDER: The Court previously ordered that Respondents release Petitioners under the same conditions, if any, that existed prior to their detention. (ECF No. 3 .) Petitioners have now been released. (ECF No. 7 .) Having granted Petitioners all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioners' transfer from the District of New Jersey. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 7/2/2026. (jmh) (Entered: 07/02/2026)
Jul 02, 2026
Order of Dismissal