District of New Jersey • 3:26-cv-07986

#1

Jul 01, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17604656.), filed by ELEAZAR GARCIA NIETO. (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)(LIPSITZ, JONATHAN) (Entered: 07/01/2026)

#2

Jul 01, 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 7/1/26. (tjg, ) (Entered: 07/01/2026)

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

Case assigned to Judge Georgette Castner. (tjg, )

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 02, 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, he has resided continuously in the United States since March 2005. (Id. Para. 18.). Petitioner maintains a stable home in New Jersey, has worked for many years as a chef at a hotel, and provides financial and emotional support to his wife and nine-year old U.S. citizen daughter. (Id. Para. 24.) "Upon information and belief, Petitioner has no criminal history." (Id. Para. 20.) On June 27, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in the hotel parking lot, and he has been detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 21-22.) Petitioner requires daily medication for a thyroid condition (and takes a daily cholesterol medication). (Id. Para. 23.) Petitioner has reportedly been denied access to his thyroid medication, despite his family's efforts to deliver the drug to the facility, placing his health at risk. (Id.) 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 request for an order to show cause (ECF No. 1 -2) is DENIED as moot. 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), 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 7/2/2026. (jmh) (Entered: 07/02/2026)

#4

Jul 02, 2026

Notice of Appearance

#5

Jul 02, 2026

Letter

Jul 02, 2026

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

Jul 02, 2026

Text Order

Jul 02, 2026

Docket Annotation (public)

Jul 02, 2026

Notice of Judicial Preferences

Jul 02, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 7/2/2026. (jmh)

#6

Jul 06, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner from its custody "with all property and under the same conditions that existed prior to his detention." (ECF No. 5 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 7/6/2026. (jmh) (Entered: 07/06/2026)

Jul 06, 2026

Order of Dismissal AND Text Order