District of New Jersey • 3:25-cv-18478

#1

Dec 10, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16899275.), filed by GUILLERMO FABIAN DELGADO. (Attachments: # 1 Exhibit EXHIBIT LIST)(MONTERO, FRANKLIN) (Entered: 12/10/2025)

Dec 10, 2025

Case Assigned/Reassigned

Dec 10, 2025

Case assigned to Judge Georgette Castner. (tjg, )

Dec 11, 2025

CLERK'S QUALITY CONTROL MESSAGE - The 1 PETITION submitted by FRANKLIN MONTERO on 12/10/2025 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (dmr3)

Dec 11, 2025

QC - Updating Account

Dec 11, 2025

Notice of Judicial Preferences

Dec 11, 2025

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)

#2

Dec 12, 2025

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), 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. According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to the decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 3.) Under this Court's recent decision in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that: (1) Petitioner entered the United States without inspection in April 2024; (2) Petitioner was released on his own recognizance and evidently has resided continuously in the United States since his entry/release; (3) Petitioner has no criminal record and has complied with the requirements of his release; and (4) on November 22, 2025, Petitioner was arrested at a scheduled check-in with U.S. Immigration and Customs Enforcement in the interior of the United States. (ECF No. 1 3, 11, 13, 21, 30.) Based on these alleged facts, Chen controls this present matter. Chen, 2025 WL 3527239, at *4. In accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Chen does not control, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of Court shall forward a copy of the Petition (ECF No. 1 ), the attached exhibit list (ECF No. 1 -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 12/12/2025. (jmh) (Entered: 12/12/2025)

Dec 12, 2025

Text Order

Dec 12, 2025

Docket Annotation (public)

Dec 12, 2025

2 Text Order and Exhibit List (ECF No. 1 -1) emailed to USANJ-HabeasCases@usdoj.gov on 12/12/2025. (jmh)

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Dec 16, 2025

Substitution of Attorney

#4

Dec 16, 2025

Response to Habeas Petition

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Dec 26, 2025

Letter

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Dec 26, 2025

Letter

#7

Jan 13, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 2 .) The bond hearing has now occurred, and the IJ granted Petitioner release from custody under a $12,000 bond. (D.E. No. 5 at 1). In a letter filed on December 26, 2025, Petitioner requests: (1) his immediate release from detention because he had posted the bond and the I-352 Immigration Bond had been processed; and (2) no ankle monitor or electronic monitoring device be imposed as a condition or term of Petitioner's release. (ECF No. 5 at 1-3.) According to Respondents' December 26, 2025 letter, ICE advised that "it is releasing Petitioner today" under (unspecified) conditions of release. (ECF No. 6 at 1-2.) Petitioner's request for immediate release is DENIED as moot. Within seven (7) days of the date of filing of this Text Order, Petitioner shall file a letter stating whether he challenges the conditions of confinement imposed by ICE and, if he does, replying to Respondents' arguments that ICE had discretion to impose such conditions, Petitioner could appeal such terms to the IJ, and, to the extent Petitioner disagrees with the necessity for specific terms to release, this Court lacks jurisdiction over such a claim. So Ordered by Judge Georgette Castner on 1/13/2026. (jmh) (Entered: 01/13/2026)

Jan 13, 2026

Text Order

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Jan 26, 2026

EAJA Fees

Jan 27, 2026

Set Deadlines as to 8 MOTION for EAJA Fees . Motion set for 3/2/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)

Jan 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#9

Feb 15, 2026

Letter

#10

Feb 18, 2026

Order

#11

Mar 19, 2026

Brief in Opposition to Motion