District of New Jersey • 2:26-cv-11003

COLAJ-IVOY v. BORGEN

Active

Case Information

Filed: August 26, 2026
Assigned to: Brian R. Martinotti
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17859991.), filed by LORENZO COLAJ-IVOY. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 26, 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 8/26/2026. (ijf) (Entered: 08/26/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 26, 2026
Add and Terminate Judges
Aug 26, 2026
Judge Brian R. Martinotti added. (ijf)
#3
Aug 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#4
Aug 30, 2026
Letter from Respondents Re. Petitioner's Criminal History. (Attachments: # 1 Exhibit A: Criminal History)(CARRARA, CHRISTIAN) (Entered: 08/30/2026)
Main Document: Letter
#5
Sep 01, 2026
TEXT ORDER: Before the Court is Petitioner Lorenzo Colaj-Ivoy's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1.) Respondents filed a letter submitting that has been charged with various vehicular-or traffic-related incidents and disorderly conduct. (See ECF No. 4.) Respondents submit that Petitioner is detained under 8 U.S.C. § 1225(b)(2). (Id. at 1.) 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. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225 which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. 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
#6
Sep 02, 2026
Letter
Main Document: Letter
Sep 03, 2026
Terminate Civil Case