District of New Jersey • 3:26-cv-08354

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17630394.), filed by HENRY STIVEN CELORIO-HURTADO. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - First Page of Asylum Application, # 4 Exhibit B - Marriage Certificate, # 5 Exhibit C - Certified Disposition)(HUFSTADER, REBECCA) (Entered: 07/08/2026)

#2

Jul 08, 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 7/8/2026. (ps) (Entered: 07/08/2026)

Jul 08, 2026

Case Assigned to Judge Michael A. Shipp. (ps)

Jul 08, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 08, 2026

Case Assigned/Reassigned

#3

Jul 09, 2026

TEXT ORDER: Petitioner alleges in his petition (ECF No. 1 ) that he is unlawfully detained under 8 U.S.C. sec. 1225(b)(2). Under this Court's decision in Aguilar Ramos v. Soto, No. 25-15315, 2025 WL 3251447 (D.N.J. Nov. 21, 2025), the Court holds that Petitioner is subject to detention under sec. 1226(a). It is ORDERED that, in accordance with 8 U.S.C. sec. 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 he presents a flight risk or a danger to the community. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. The Government shall not transfer Petitioner out of New Jersey until this bond process is complete. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing sec. 1225(b)(2), they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Michael A. Shipp on 7/9/2026. (jab) (Entered: 07/09/2026)

Jul 09, 2026

Text Order

#4

Jul 13, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR WILSON (CARRARA, CHRISTIAN) (Entered: 07/13/2026)

#5

Jul 16, 2026

Letter from Respondents Re. Answer to Petition. (Attachments: # 1 Exhibit June 22, 2026, Form I-213, # 2 Exhibit October 18, 2026, Notice and Order of Expedited Removal, # 3 Exhibit June 21, 2026, Form I-200)(CARRARA, CHRISTIAN) (Entered: 07/16/2026)

#6

Jul 20, 2026

RESPONSE re 5 Letter. (HUFSTADER, REBECCA) (Entered: 07/20/2026)

#7

Sep 15, 2026

Letter from counsel for Petitioner re IJ vacatur of expedited removal order. (Attachments: # 1 Exhibit 1 - IJ Order Vacating Expedited Removal Order, # 2 Exhibit 2 - Form I870 Record of Credible Fear Determination, # 3 Exhibit 3 - Form I869 Request for Review by IJ, # 4 Exhibit 4 - Form I863 Notice of Referral to IJ, # 5 Exhibit 5 - Hearing Notice)(HUFSTADER, REBECCA) (Entered: 09/15/2026)

#8

Sep 17, 2026

TEXT ORDER: Respondents shall file a response addressing the substance of Petitioner's September 15, 2026 submission, ECF No. 7, including the September 10, 2026 order issued by the Immigration Judge concerning Petitioner's expedited removal proceedings and the effect, if any, of that order on Respondents' contention that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(1). Respondents shall also address Petitioner's contention concerning the propriety of his continued detention and the relief sought in ECF No. 7 . Respondents shall file their response on or before September 22, 2026. So Ordered by Judge Michael A. Shipp on 9/17/2026. (jab) (Entered: 09/17/2026)

Sep 17, 2026

Text Order

#9

Sep 22, 2026

Letter from Respondents Re. Expedited Response to ECF 7. (Attachments: # 1 Exhibit A: September 15, 2026 Notice to Appear)(CARRARA, CHRISTIAN) (Entered: 09/22/2026)

#10

Sep 30, 2026

Letter from counsel for Petitioner re 9 Letter. (HUFSTADER, REBECCA) (Entered: 09/30/2026)

#11

Oct 01, 2026

TEXT ORDER: This matter comes before the Court on Petitioner Henry Celorio-Hurtado's Petition for Writ of Habeas Corpus (ECF No. 1 ), Respondents' answer (ECF No. 5 ), Petitioner's September 15, 2026 submission (ECF No. 7 ), and Respondents' September 22, 2026 response (ECF No. 9 ). The Court previously held that Petitioner is detained under 8 U.S.C. § 1226(a) and ordered a bond hearing unless Respondents showed his detention was distinguishable. (ECF No. 3 .) Respondents contend that Petitioner is instead subject to mandatory detention under § 1225(b)(1). The Court disagrees. Section 1225(b)(1)(B)(ii) mandates detention of noncitizens with a positive credible fear determination. USCIS found no credible fear here. (ECF No. 7 -2.) Section 1225(b)(1)(B)(iii)(IV) mandates detention until removal only for noncitizens "subject to the procedures under this clause," meaning expedited removal. On September 10, 2026, an Immigration Judge vacated Petitioner's expedited removal order because the Form I-860 was not properly approved and served. The IJ found that Petitioner "is not properly in expedited removal proceedings" and placed him in regular inadmissibility proceedings. (ECF No. 7 -1.) Respondents do not dispute that order, and DHS has since issued a Notice to Appear under INA § 240. (ECF No. 9 -1.) At this time, therefore, Petitioner is not subject to expedited removal, and no credible fear review remains pending. Faqirzada v. Rokosky, 2026 WL 63614, and the other decisions cited in ECF No. 9 involved petitioners whose expedited removal orders remained in effect and are distinguishable. Nor may Respondents rely on a vacated order to sustain mandatory detention. Petitioner is detained under § 1226(a). The Court declines to order release, as the appropriate remedy here is a bond hearing, and does not reach Petitioner's due process argument regarding USCIS's delay. Accordingly, it is ORDERED that the Petition is GRANTED IN PART. Within seven (7) days of entry of this Order, Respondents shall provide Petitioner with an individualized bond hearing before an Immigration Judge under 8 U.S.C. § 1226(a), and shall file notice of the outcome within three (3) days thereafter. Petitioner's request for immediate release is otherwise DENIED. The transfer injunction (ECF 2, 3 ) remains in effect until the bond process is complete. Respondents may seek relief from this Order should the IJ's September 10, 2026 order be reversed or vacated. So Ordered by Judge Michael A. Shipp on 10/1/2026. (jab) (Entered: 10/01/2026)

Oct 01, 2026

Text Order

#12

Oct 08, 2026

Letter

Oct 13, 2026

Text Order

Oct 13, 2026

Terminate Civil Case