District of New Jersey • 2:25-cv-18559

#1

Dec 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16905429.), filed by ZHICHENG CHEN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, Form I-200 Warrant for Arrest, # 3 Exhibit B, Release on Recognizance, # 4 Exhibit C, Notice to Appear)(HAJDARPASIC, ENES) (Entered: 12/12/2025)

#2

Dec 12, 2025

MOTION for Temporary Restraining Order by ZHICHENG CHEN. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(HAJDARPASIC, ENES) (Entered: 12/12/2025)

#3

Dec 12, 2025

TEXT ORDER : This matter is before the Court on Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet")) and his motion for a temporary restraining order ("TRO") (D.E. No. 2 ("TRO Motion" or "TRO Mot.")). 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. Accordingly, to the extent Petitioner moves for a TRO temporarily enjoining his removal from the District of New Jersey, the TRO Motion is DENIED as moot. To the extent that Petitioner seeks a TRO ordering his immediate release from immigration detention, the TRO Motion is DENIED without prejudice because such release is greater than the relief Petitioner could obtain in his underlying Petition. As Petitioner indicates, even under his reading of the relevant immigration statutes, he is still subject to detention under 8 U.S.C. § 1226(a), albeit with an entitlement to seek bond from an immigration judge. (See Pet. 5). The Clerk of Court shall terminate the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. 26-28). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that: (i) Petitioner entered the country without being paroled or admitted, on or about November 30, 2023; (ii) two days after he was initially detained, Petitioner was subsequently released on his own recognizance; (iii) the Notice to Appear charged Petitioner with being an alien present in the United States without being admitted or paroled; (iv) Petitioner obtained employment authorization and has been working two jobs to support himself; and (v) on December 4, 2025, in the interior of the United States, Petitioner was detained at a routine U.S. Immigration and Customs Enforcement check-in. (Pet. 17-18, 19). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, 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 Diaz Rudecindo 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 (D.E. No. 1 ), the attached documents (D.E. Nos 1 -1 through 1-4), the TRO Motion and supporting documents (D.E. Nos. 2, 2 -1 & 2 -2), 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 Esther Salas on 12/12/2025. (ek) (Entered: 12/12/2025)

Dec 12, 2025

Case Assigned to Judge Esther Salas. (ps)

Dec 12, 2025

Text Order

Dec 12, 2025

Case Assigned/Reassigned

#4

Dec 15, 2025

Substitution of Attorney

#5

Dec 19, 2025

Letter

#6

Dec 22, 2025

TEXT ORDER: The Court is in receipt of Respondents' letter dated December 19, 2025, outlining the circumstances surrounding the scheduling of Petitioner's bond hearing and the parties' competing request for an extension of time to complete the same. (D.E. No. 5 ). The Court grants the parties' request for an extension of time to provide Petitioner a bond hearing through December 30, 2025. So Ordered by Judge Esther Salas on 12/22/2025. (tjd) (Entered: 12/22/2025)

Dec 22, 2025

Order

#7

Dec 29, 2025

Letter

#8

Jan 08, 2026

Enforce Judgment

Jan 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings