District of New Jersey • 3:26-cv-09049

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17689959.), filed by ANYIE DAMARIS ROMERO CORTES. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - Parole Notification)(HUFSTADER, REBECCA) (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 Georgette Castner. (mfr)

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 23, 2026

MEMORANDUM AND ORDER TO ANSWER; Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. (n/m) Signed by Judge Georgette Castner on 7/23/2026. (mj) (Entered: 07/23/2026)

Jul 25, 2026

Notice of Judicial Preferences

Jul 25, 2026

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

#4

Aug 06, 2026

NOTICE of Appearance by DAVID INKELES on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, ARTHUR WILSON (INKELES, DAVID) (Entered: 08/06/2026)

#5

Aug 06, 2026

Expedited RESPONSE to Petition for Writ of Habeas Corpus by JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, ARTHUR WILSON. (Attachments: # 1 Exhibit A - 2022 I-213, # 2 Exhibit B - Form I-860, # 3 Exhibit C - Notice of Interim Parole, # 4 Exhibit D - 2026 I-213)(INKELES, DAVID) (Entered: 08/06/2026)

#6

Aug 13, 2026

REPLY to Response re 5 Response to Habeas Petition,. (Attachments: # 1 Exhibit B - Warrant for Arrest)(HUFSTADER, REBECCA) (Entered: 08/13/2026)

#7

Aug 17, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1 ), Respondents' expedited letter answer (ECF No. 5 ), and Petitioner's reply brief (ECF No. 6 ). Petitioner, a citizen and native of Colombia, entered the United States without inspection in May 2022, was detained for about a month, and then paroled pursuant to 8 U.S.C. § 1182(d)(5)(A). (ECF No. 1 Para. 19; ECF No. 5 at 1.) Petitioner has consistently attended her required check-ins and filed an asylum application. (ECF No. 1 Para. 21.) Petitioner has no criminal history. (Id. Para. 22; ECF No. 5 -4 at 3.) On July 17, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner when she appeared for a credible fear interview, and she has been detained at the Elizabeth Detention Center in Elizabeth, New Jersey. (ECF No. 1 Para. 22; ECF No. 5 at 1-2.) An asylum officer issued a negative credible fear determination on July 21, 2026. (ECF No. 1 Para. 22; ECF No. 5 at 1-2.) Respondents argue that Petitioner's detention is lawful under 8 U.S.C. § 1225(b)(1)(B)(iii)(IV), which requires mandatory detention until removal of noncitizens processed for expedited removal. (ECF No. 5 at 1-2.) According to Respondents, the fact that Petitioner was granted humanitarian parole under 8 U.S.C. § 1182(d)(5)(A) after first being apprehended and later re-detained does not change the detention authority to 8 U.S.C. § 1226(a). (Id.at 2.) In F-U-V- v. Soto, No. 26-1765, 2026 WL 2268637, at *2-5 (D.N.J. Aug. 6, 2026), this Court rejected the Respondents' similar assertion that a noncitizen who had been paroled pursuant to § 1182(d)(5)(A) is subject to mandatory detention under § 1225(b)(2) once the parole concluded. For substantially the same reasons stated in F-U-V-, the Court rejects Respondents' interpretation of § 1225(b)(1) and § 1182(d)(5). In addition, the Court notes that, "[i]n recent months,... the majority of courts in this circuit and elsewhere have analyzed the plain language of § 1182(d)(5)(A) and 1225(b)(1) and found that noncitizens do not necessarily return to the detention status they held prior to parole and may not be mandatorily detained under § 1225(b)(1) if they are detained years later in the interior of the United States." Sanchez Correa v. Delaney Hall Detention Facility, No. 26-4876, 2026 WL 1803202, at *2 (D.N.J. June 23, 2026) (footnote omitted) (citing Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628, at *2 (Dec. 3, 2025); Murillo-Castillo v. Florentino, No. 25-16728, 2026 WL 1383062, at *6 (D.N.J. May 18, 2026); Guzman v. Bondi, No. 26-1250, 2026 WL 1534682, at *3-4 (D.N.J. Jun. 1, 2026)). When ICE arrested Petitioner in July 2026, the "Designation Provision" of § 1225(b)(1) no longer applied to her because the plain language of that subsection applies to a noncitizen "who has not been admitted or paroled into the United States," § 1225(b)(1)(A)(iii)(II) (emphasis added). See Guzman, 2026 WL 1534682, at *3 ("Like other courts that have addressed this language, this Court finds that this phrase 'does not refer to a legal status but rather to the event of entry into the United States via admission or parole, which either did or did not occur.'" (footnote omitted) (citations omitted)). Moreover, although § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(1); this Court will not correct Respondents' unlawful detention under § 1225(b)(1) by converting Petitioner's detention to a potentially lawful alternate form under a different statutory provision with different procedural requirements and rules. See F-U-V-, 2026 WL 2268637, at *5. According, the Petition (ECF No. 1 ) is GRANTED. Within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner from immigration detention, subject to the prior terms of supervision, if any, in effect at the lime she was detained, and provide written notice to the Court of Petitioner's release from custody.. So Ordered by Judge Georgette Castner on 8/17/2026. (jmh) (Entered: 08/17/2026)

Aug 17, 2026

Text Order

#8

Aug 18, 2026

NOTICE of Appearance by NITIN ARADHYA on behalf of JASON BENZEL (ARADHYA, NITIN) (Entered: 08/18/2026)

#9

Aug 18, 2026

Letter. (ARADHYA, NITIN) (Entered: 08/18/2026)

#10

Aug 19, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner from its custody "under the same conditions that existed prior to detention." (ECF No. 9 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 8/19/2026. (jmh) (Entered: 08/19/2026)

Aug 19, 2026

Order of Dismissal AND Text Order