District of New Jersey • 2:26-cv-10925

#1

Aug 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54950.), filed by DIEGO TORO. (Attachments: # 1 Cover Letter)(n/m) (mk) (Entered: 08/25/2026)

#2

Aug 25, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 8/25/2026. (mk) (Entered: 08/25/2026)

#3

Aug 28, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY, ATTORNEY GENERAL OF THE UNITED STATES, SECRETARY OF HOMELAND SECURITY (ZARRILLO, BRIDGET) (Entered: 08/28/2026)

#4

Aug 28, 2026

RESPONSE to Petition for Writ of Habeas Corpus by ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY, ATTORNEY GENERAL OF THE UNITED STATES, SECRETARY OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Ex A- RAP Sheet, # 2 Exhibit Ex B- Complaint)(ZARRILLO, BRIDGET) (Entered: 08/28/2026)

#5

Sep 01, 2026

TEXT ORDER: Before the Court is Respondents' expedited answer, arguing that Petitioner is detained under 8 U.S.C. 1225(b)(1) and informing the Court of Petitioner's criminal history. (See ECF No. 4.) Respondents submit that on August 13, 2026, Petitioner was charged with 4th Degree Stalking. (Id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 09/01/2026. (lr, ) (Entered: 09/01/2026)

Sep 01, 2026

Text Order

Sep 01, 2026

***Civil Case Terminated. (wh)

Sep 04, 2026

Terminate Civil Case

#6

Sep 09, 2026

Letter from Respondents regarding the outcome of Petitioner's bond hearing. (Attachments: # 1 Exhibit Ex 1- Order of Immigration Judge)(ZARRILLO, BRIDGET) (Entered: 09/09/2026)

#7

Sep 10, 2026

LETTER ORDER granting 6 Respondents request that the Court lift its order enjoining Respondents from transferring Petitioner out of the District of New Jersey or removing him from the United States and close this matter. Signed by Judge Brian R. Martinotti on 9/10/2026. (gev) (Entered: 09/10/2026)