District of New Jersey • 3:26-cv-08180

#1

Jul 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17614990.), filed by ANDRES MANUEL HURTADO SUAREZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Habeas Order, # 4 Brief, # 5 OSC, # 6 Certificate of Service, # 7 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 07/04/2026)

#2

Jul 04, 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 7/4/2026. (jml, ) (Entered: 07/04/2026)

#3

Jul 04, 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 Colombia, alleges that he entered the United States on or about May 30, 2022, presented himself to immigration authorities at the United States-Mexico border, requested protection from removal based upon his fear of persecution and torture, and was paroled approximately twenty-one days later. (Id. Paras. 12-14.) Petitioner has complied with the conditions of his parole and continuously resided with his family in Paterson, New Jersey, has maintained a committed relationship with his wife and two children (aged fifteen and eleven), and his wife and children remain in removal proceedings pending before the Immigration Court. (Id. Paras. 15-17.) Petitioner has maintained steady employment with a battery and electrical power equipment manufacturer in Phillipsburg, New Jersey and has supported his wife and children. (Id. Para. 18.) "Petitioner has no criminal history whatsoever." (Id. Para. 19 ("He has never been arrested, charged, or convicted of any criminal offense and has no history of violence, controlled substance offenses, theft, fraud, domestic violence, or driving under the influence.").) On September 25, 2025, the Department of Homeland Security ("DHS") scheduled Petitioner to appear for a credible fear interview on October 14, 2025, but Petitioner did not receive notice of this scheduled interview. (Id. Para. 20.) DHS scheduled a second credible fear interview for June 26, 2026. (Id. Para. 21.) Following the interview, U.S. Immigration and Customs Enforcement arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 22.) 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. 1-5) 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 1-7), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov (n/m). So Ordered by Chief Judge Renee Marie Bumb on 7/4/2026. (jml, ) (Entered: 07/04/2026)

Jul 04, 2026

Judge Georgette Castner added. (jml, )

Jul 04, 2026

Text Order

Jul 04, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 04, 2026

Add and Terminate Judges

Jul 04, 2026

Notice of Judicial Preferences

Jul 04, 2026

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

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Jul 06, 2026

NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (GONZALEZ, ALICIA) (Entered: 07/06/2026)

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Jul 06, 2026

Letter from United States Attorney's Office Confirmation of Petitioner's Release re 3 Text Order,,,,,,,,,,,,,,,,,,,. (GONZALEZ, ALICIA) (Entered: 07/06/2026)

Jul 07, 2026

Order of Dismissal AND Text Order