District of New Jersey • 3:26-cv-08292

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Jul 07, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17622784.), filed by EDWAR GREGORY CORREA ERAZO. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET JS44, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/07/2026)

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Jul 07, 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 7/7/2026. (mfr) (Entered: 07/07/2026)

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Jul 07, 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 Ecuador, alleges that, on or about December 27, 2022, he entered the United States at or near San Luis, Arizona, with parole, and a Notice to Appear was issued on January 25, 2024. (Id. Paras. 23-24.) On or about July 24, 2024, Petitioner applied for asylum and withholding of removal. (Id. Para. 25.) "On June 30, 2026, Petitioner was arrested by the Newark Police and charged with Simple Assault under 2C:12-1A(1)." (Id. Para. 26.) On July 1, 2026, Petitioner was released and issued a notice to appear before the Newark Municipal Court. (Id. Para. 27; see also id. at Para. 29 (further alleging that the criminal matter remains pending and he has no other criminal history of arrests or convictions).) On July 6, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner during a random enforcement operation in Newark, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 2, 28.) 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). The Court thus GRANTS the Petition (ECF No. 1). Given the pending criminal charge, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, 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 7/7/2026. (jmh) (Entered: 07/07/2026)

Jul 07, 2026

Text Order

Jul 07, 2026

Docket Annotation (public)

Jul 07, 2026

Notice of Judicial Preferences

Jul 07, 2026

Case Assigned/Reassigned

Jul 07, 2026

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

Jul 07, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 07, 2026

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

Jul 07, 2026

Case Assigned to Judge Georgette Castner. (mfr)