District of New Jersey • 3:26-cv-08419

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Jul 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17635567.), filed by JAVIER AMARA LARA. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 07/09/2026)

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Jul 09, 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 7/9/2026. (jr) (Entered: 07/09/2026)

Jul 09, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 09, 2026

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

Jul 09, 2026

Case assigned to Judge Georgette Castner. (jr)

Jul 09, 2026

Notice of Judicial Preferences

Jul 09, 2026

Case Assigned/Reassigned

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Jul 10, 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 first entered the United States without inspection in approximately 1976, departed in 1978, re-entered the United States in 1999, and has resided continuously in New York for approximately twenty-seven years. (Id. Para. 2.) Petitioner is "a devoted Father of two adult U.S. citizen daughters" (a biological daughter and a stepdaughter), is married, has been employed continuously, and has paid taxes for approximately sixteen years. (Id.). Petitioner has "no criminal history of any kind." (Id.) On July 2, 2026, in College Point, New York, U.S. Immigration and Customs Enforcement arrested Petitioner while he was disembarking from a bus returning home from work, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 21.) 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. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 & 1 -2), 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 7/10/2026. (jmh) (Entered: 07/10/2026)

Jul 10, 2026

Docket Annotation (public)

Jul 10, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 7/10/2026. (jmh)

Jul 10, 2026

Text Order