District of New Jersey • 2:26-cv-09350

#1

Jul 24, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17708918.), filed by JORGE WILLIAN ASENCIO RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 07/24/2026)

#2

Jul 24, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by JORGE WILLIAN ASENCIO RODRIGUEZ. (DUQUE-ISERN, STEPHANIE) (Entered: 07/24/2026)

#3

Jul 24, 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 7/24/2026. (jr) (Entered: 07/24/2026)

#4

Jul 24, 2026

TEXT ORDER: Petitioner JORGE WILLIAN ASENCIO RODRIGUEZ is a citizen of the Dominican Republic who alleges that he entered the United States in December 2022 and was paroled. (ECF No. 1, Petition at 1.) He alleges that he has no criminal history. (Petition at 2.) Petitioner is engaged to a U.S. citizen, and they both suffer from medical or mental health issues. (Id. at 1.) Petitioner was arrested by Immigration and Customs Enforcement ("ICE") on July 23, 2026, at an ICE reporting appointment. (Id. at 2.) He contends that he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 6-18.) Along with his Petition, Petitioner filed a motion for a temporary restraining order, ECF No. 2 ("TRO Motion"), seeking to enjoin his transfer outside New Jersey while this proceeding is pending and for his release. In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner by 5:00 p.m. on July 26, 2026, Sunday, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer by 5:00 p.m. on July 26, 2026, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, the Motion for TRO, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/24/26. (cm, ) (Entered: 07/24/2026)

Jul 24, 2026

Order

Jul 24, 2026

Case assigned to Judge Katharine S. Hayden. (jr)

Jul 24, 2026

Case Assigned/Reassigned

Jul 24, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jul 26, 2026

NOTICE of Appearance by FRANCES C. BAJADA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID VENTURELLA (BAJADA, FRANCES) (Entered: 07/26/2026)

#6

Jul 26, 2026

Letter from U.S. Attorney's Office informing of Petitioner's release. (BAJADA, FRANCES) (Entered: 07/26/2026)