District of New Jersey • 3:26-cv-08203

#1

Jul 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17617746.), filed by WILIAN AGUILAR VILCHIS. (Attachments: # 1 Exhibit ICE Locator Results, accessed on 07/06/2026, # 2 Exhibit Notice to Appear, dated 10/07/2024, # 3 Exhibit Notice of Hearing, dated 07/07/2026, # 4 Exhibit ICE I-830, # 5 Exhibit USCIS I-360 Approval Notice, # 6 Exhibit USCIS Deferred Action Approval from 12/2025 until 08/2028, # 7 Exhibit Declaration of Jorge E. Artieda dated 01/28/2026, # 8 Exhibit List, # 9 Civil Cover Sheet JS-44, # 10 Text of Proposed Order Proposed Order, # 11 Certificate of Service)(CAMILO, JASON) (Entered: 07/06/2026)

#2

Jul 06, 2026

Emergency MOTION for Order to Show Cause Due to Petitioner's Impending Transfer by WILIAN AGUILAR VILCHIS. (Attachments: # 1 Text of Proposed Order)(CAMILO, JASON) (Entered: 07/06/2026)

#3

Jul 06, 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 7/6/2026. (ps) (Entered: 07/06/2026)

#4

Jul 06, 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 entered the United States without inspection near Hidalgo, Texas, on July 21, 2021, when he was fifteen years old, was placed in removal proceedings, and was granted Special Immigrant Juvenile ("SIJ") classification and Deferred Action. (Id. Para. 16). Petitioner has resided with his family in New Jersey. (Id. Para. 17.) "Petitioner has no open warrants or any criminal history that would change circumstances to warrant his arrest and removal outside of the District Court of New Jersey." (Id. Para. 24.) On July 3, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner, and Petitioner has been detained at the Elizabeth Detention Center, Elizabeth, New Jersey. (Id. Para. 11). 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 "Emergency MOTION for Order to Show Cause Due to Petitioner's Impending Transfer" (Motion) (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 1-11), the Motion (ECF No. 2 ), the attachment to the Motion (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 7/6/2026. (jmh) (Entered: 07/06/2026)

Jul 06, 2026

Text Order AND ~Util - Terminate Motions

Jul 06, 2026

Docket Annotation (public)

Jul 06, 2026

Notice of Judicial Preferences

Jul 06, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 06, 2026

Case Assigned/Reassigned

Jul 06, 2026

4 Text Order and ECF Nos 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 7/6/2026. (jmh)

Jul 06, 2026

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

Jul 06, 2026

Case Assigned to Judge Georgette Castner. (ps)

#5

Jul 07, 2026

NOTICE of Appearance by FRANCES C. BAJADA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, ERIC ROKOSKY, DAVID VENTURELLA (BAJADA, FRANCES) (Entered: 07/07/2026)

#6

Jul 08, 2026

Letter

#7

Jul 08, 2026

Letter

Jul 09, 2026

Order of Dismissal AND Text Order