District of New Jersey • 2:26-cv-07585

#1

Jun 24, 2026

Petition for Writ of Habeas Corpus

#2

Jun 25, 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 6/25/2026. (mfr) (Entered: 06/25/2026)

#3

Jun 25, 2026

TEXT ORDER - Before the Court is Petitioner Miguel Angel Ortiz Pascual'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.) Petitioner, a native of Mexico, who entered the United States in 2022 and was subsequently released into the country on his own recognizance, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he was previously released into the country and was re-detained years later on the interior of the country. As such, his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) 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)(1) or (b)(2), which the Court has found inapplicable to him. 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 finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 6/25/2026. (kd) (Entered: 06/25/2026)

#4

Jun 25, 2026

Notice of Appearance

#5

Jun 25, 2026

Letter

Jun 25, 2026

Case Assigned to Judge Julien Xavier Neals. (mfr)

Jun 25, 2026

Text Order

Jun 25, 2026

Case Assigned/Reassigned

Jun 25, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 25, 2026

QC - Attorney Case Opening

Jun 25, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption: Parties must be entered as Petitioner and Respondents in this type of case. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

#6

Jun 26, 2026

TEXT ORDER - Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5 .) Accordingly, the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Julien Xavier Neals on 6/26/2026. (kd) (Entered: 06/26/2026)

Jun 26, 2026

***Civil Case Terminated. (wh)

Jun 26, 2026

Text Order

Jun 29, 2026

Terminate Civil Case