District of New Jersey • 3:26-cv-09468

GONZALEZ ZACARIAS v. SOTO

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Case Information

Filed: July 28, 2026
Assigned to: Georgette Castner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 28, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17721308.), filed by JUAN JOSUE GONZALEZ ZACARIAS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A ICE Detainee Locator, # 3 Exhibit B EOIR Automated Case Information)(ARCHAMBEAULT, MATTHEW) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
MOTION for Temporary Restraining Order by JUAN JOSUE GONZALEZ ZACARIAS. (Attachments: # 1 Text of Proposed Order)(ARCHAMBEAULT, MATTHEW) (Entered: 07/28/2026)
Main Document: Temporary Restraining Order
#3
Jul 28, 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 7/28/26. (tjg, ) (Entered: 07/28/2026)
Jul 28, 2026
Case Assigned/Reassigned
Jul 28, 2026
Notice of Judicial Preferences
Jul 28, 2026
Case assigned to Judge Georgette Castner. (tjg, )
Jul 28, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 28, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )
#4
Jul 29, 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 alleges that he entered the United States without inspection in 2019 at the age of fourteen. ( Id. Para. 3.) Since his entry, Petitioner has resided with his mother in Philadelphia, Pennsylvania, and his removal proceedings were administratively closed on March 7, 2024. ( Id. Paras. 2-3.) "Petitioner has no known criminal contact." ( Id. Para. 4.) Petitioner is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 1.) 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. § 226(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. Petitioner's motion for a temporary restraining order (Motion) (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2 . The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 - 1 through 1 - 3 ), the Motion (ECF No. 2 ), the attachment to the Motion (ECF No. 2 - 1 ), 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 7/29/2026. (alg) *Notice emailed to USAO* (Entered: 07/29/2026)
Jul 29, 2026
Order on Motion for TRO
#5
Jul 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jul 30, 2026
Status Report
Main Document: Status Report
#7
Jul 31, 2026
TEXT ORDER: The Court previously ordered that Respondents release Petitioner under the same conditions, if any, that existed prior to his detention. (ECF No. 4 .) Petitioner has now been released. (ECF No. 6 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 7/31/2026.(ijf) (Entered: 07/31/2026)
Jul 31, 2026
Order of Dismissal