District of New Jersey • 2:26-cv-09050

#1

Jul 21, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17690162.), filed by JOSE LUNA OROZCO. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/21/2026)

#2

Jul 21, 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 7/21/2026. (mfr) (Entered: 07/21/2026)

Jul 21, 2026

Case Assigned to Judge Brian R. Martinotti. (mfr)

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 24, 2026

Order to Answer

#4

Jul 27, 2026

Notice of Appearance

#5

Jul 31, 2026

Letter

#6

Aug 01, 2026

TEXT ORDER: Before the Court is Petitioner Jose Luna Orozco's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Respondents have filed an answer. (ECF No. 5.) Petitioner, a native of Mexico, initially entered the United States at an unknown time and was detained on the interior of the country. (Id. at 1.) Respondents submit that Petitioner is being detained under 8 U.S.C. § 1225(b)(2). (Id.) Based on this Court's statutory interpretation in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he was detained in the interior of the country years after entering, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b)(2). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/01/2026. (lr, ) (Entered: 08/01/2026)

#7

Aug 01, 2026

Notice of Appearance

#8

Aug 01, 2026

Letter

Aug 01, 2026

***Civil Case Terminated. (wh)

Aug 01, 2026

Text Order

Aug 03, 2026

Terminate Civil Case