District of New Jersey • 3:26-cv-07838

#1

Jun 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17589988.), filed by ELIUD TORRES HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/26/2026)

#2

Jun 26, 2026

Emergency MOTION for Temporary Restraining Order by ELIUD TORRES HERNANDEZ. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/26/2026)

#3

Jun 26, 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 6/26/2026. (jml, ) (Entered: 06/26/2026)

Jun 26, 2026

Add and Terminate Judges

Jun 26, 2026

Judge Georgette Castner added. (jml, )

Jun 26, 2026

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

Jun 26, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 26, 2026

Notice of Judicial Preferences

#4

Jun 29, 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 Mexico, alleges that, in or about 1999, he entered the United States without admission, inspection, or parole, and has resided continuously in this country since his entry. (Id. Para. 1, 11.) Petitioner has maintained stable employment, is an integral caregiver and provider for his family, and is allegedly prima facie eligible to apply for cancellation of removal (e.g., he has a United States-citizen qualifying relative). (Id. Paras. 13-15.) "Petitioner has no criminal conviction and no criminal history." (Id. Para. 16.) On or about June 21, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was traveling to work, and Petitioner has been detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 17-18.) Following the arrest, a notice to appear was issued, charging Petitioner as a noncitizen present in the United States without admission or parole. (Id. Para. 12.) 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 misrepresented his 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. Petitioner's motion for a temporary restraining order (Motion for TRO) (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3), the Motion for TRO (ECF No. 2 ), the attachment to the Motion for TRO (ECF No. 2 -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 6/29/2026. (jmh) (Entered: 06/29/2026)

Jun 29, 2026

4 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 6/29/2026. (jmh)

Jun 29, 2026

Text Order

Jun 29, 2026

Docket Annotation (public)

#5

Jun 30, 2026

Notice of Appearance

#6

Jun 30, 2026

Letter

#7

Jun 30, 2026

TEXT ORDER: The Court previously ordered that Respondents release Petitioner under the same conditions, if any, that existed prior to his detention. (ECF No. 4 .) Petitioner has now been released. (ECF No. 6 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/30/2026. (jmh) (Entered: 06/30/2026)

Jun 30, 2026

Order of Dismissal AND Text Order