District of New Jersey • 2:25-cv-18586

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Dec 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16907452.), filed by JOHAN S OSORIO RUIZ. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration Exhibits List, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N)(CROSSLEY, PETER) (Entered: 12/12/2025)

Dec 12, 2025

Case Assigned/Reassigned

Dec 12, 2025

Case Assigned to Judge Evelyn Padin. (ps)

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Dec 18, 2025

Application/Petition

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Dec 19, 2025

Order to Answer

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Dec 23, 2025

Substitution of Attorney

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Dec 26, 2025

Response to Habeas Petition

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Dec 29, 2025

Reply to Response (NOT Motion)

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Dec 29, 2025

TEXT ORDER: This matter comes before the Court upon Petitioner Johan Osorio Ruiz's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, D.E. 1 (the "Petition"), alleging he is unlawfully detained by immigration authorities under 8 U.S.C § 1225(b) without a bond hearing. Respondents filed a letter brief in response to the Petition, D.E. 5 ("Response"). Respondents stipulate that Petitioner has been in ICE custody since October 27, 2025. Petition 20. Respondents detained Petitioner under 8 U.S.C. § 1225(b)(1)(B)(ii), because Petitioner was (i) apprehended at a port of entry or near the border, (ii) placed into expedited removal proceedings, and (iii) passed a credible-fear screener interview for an asylum claim. D.E. [5-1], Ex. 1 ("Form I-213") at 2. Therefore, an asylum officer properly placed Petitioner into full removal proceedings under § 1229(a). Response at 2. Petitioner was released or paroled and re-detained after his first apprehension. Id. Respondents acknowledge that this Petition involves the same statutory arguments and similar salient facts as those in Rodriguez v. Rokosky, No. 25-17419 (D.N.J.) and Perez Silva v. Soto, No. 25-16577 (D.N.J.), where courts in this district have held that petitioners were unlawfully detained under 8 U.S.C. § 1225(b)(1) and entitled to a bond hearing under 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(c)(8) and (d)(1). For the same reasons stated in Rodriguez and Perez Silva, supra, this Court holds that Petitioner is unlawfully detained without a bond hearing under 8 U.S.C. § 1225(b)(1). Therefore, the Court GRANTS the Petition, D.E. 1 . Respondents shall provide Petitioner with a bond hearing in conformance with 8 U.S.C. § 1226(a) and 8 C.F.R. 236.1(c)(8) and (d)(1), within 7 days of the date of this Order. Within 3 days of the bond hearing, the Government shall file a status letter advising the Court of the outcome of the bond hearing, at which time the Court will close this matter. So Ordered by Judge Evelyn Padin on 12/29/2025. (ps) (Entered: 12/29/2025)

Dec 29, 2025

Text Order

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Jan 07, 2026

Substitution of Attorney

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Jan 07, 2026

Status Report