District of New Jersey • 2:26-cv-07855

ROMERO-AMADOR v. SOTO

Completed

Case Information

Filed: June 27, 2026
Assigned to: Brian R. Martinotti
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 29, 2026
Last Activity: June 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 27, 2026
First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17590693.), filed by ALEJANDRO ROMERO AMADOR. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause, # 4 Exhibit exhibit A)(LIPSITZ, JONATHAN) (Entered: 06/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 28, 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 6/28/2026. (jml, ) (Entered: 06/28/2026)
#3
Jun 28, 2026
TEXT ORDER: Before the Court is Petitioner Alejandro Romero-Amador's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Mexico, entered the United States in 2021 and has remained here since. (See id.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) 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) which the Court has found in inapplicable to him. And 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, so as 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 Suazo Rivera and Sandhu, 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 Brian R. Martinotti on 06/28/2026. (lr, ) (Entered: 06/28/2026)
#4
Jun 28, 2026
NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J. WILSON (KAPLAN, SARINA) (Entered: 06/28/2026)
Main Document: Notice of Appearance
#5
Jun 28, 2026
Letter from U.S. Attorney's Office re Release of Petitioner re 3 Text Order,,,,,,,,,,,,. (KAPLAN, SARINA) (Entered: 06/28/2026)
Main Document: Letter
Jun 28, 2026
Judge Brian R. Martinotti added. (jml, )
Jun 28, 2026
Text Order
Jun 28, 2026
Add and Terminate Judges
Jun 28, 2026
Emergent Immigration Habeas Non-transfer Order
#6
Jun 29, 2026
TEXT ORDER: Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5.) Accordingly, it is ORDERED the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 06/29/2026. (lr, ) (Entered: 06/29/2026)
Jun 29, 2026
***Civil Case Terminated. (wh)
Jun 29, 2026
Text Order
Jun 29, 2026
Terminate Civil Case

Parties

ROMERO-AMADOR
Party
SOTO
Party