District of New Jersey • 3:25-cv-18631

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Dec 15, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16911977.), filed by WALDIR OMAR CHIRINOS PORTAL GALVEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Application for OSC, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit Ice Locator Delaney, # 6 Exhibit Approved Form I-130, # 7 Exhibit 601A Waiver, # 8 Certificate of Service)(CARDENAS, VERONICA) (Entered: 12/15/2025)

Dec 15, 2025

Case Assigned to Judge Georgette Castner. (mfr)

Dec 15, 2025

Case Assigned/Reassigned

Dec 16, 2025

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

Dec 16, 2025

Notice of Judicial Preferences

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Dec 17, 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 ) and his application for issuance of an order to show cause (OTSC Application) (ECF No. 1 -2). The OTSC Application is DENIED as moot. 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 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). (ECF No. 1 14, 35-36.) 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 has continuously resided in the United States since he last entered the country in 2010; (2) Petitioner does not have any criminal convictions; (3) Petitioner is married to a United States citizen, his wife filed an 1-130 petition on his behalf, which has been approved, and Petitioner is eligible to apply for, and is prepared to pursue, cancellation of removal; and (4) on December 13, 2025, in the interior of the United States, Petitioner was detained by U.S. Immigration and Enforcement agents while he was going to a local bakery. (ECF No. 1 40-44, 47, 58; ECF No. 1-2 5.) 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 OTSC Application (ECF No. 1 -2), the other attached documents (ECF Nos. 1 -1 & 1 -3 through 1-8), 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 12/17/2025. (jmh) (Entered: 12/17/2025)

Dec 17, 2025

2 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 12/17/2025. (jmh)

Dec 17, 2025

Text Order

Dec 17, 2025

Docket Annotation (public)

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Dec 18, 2025

Substitution of Attorney

#4

Dec 23, 2025

Letter

Jan 07, 2026

Order of Dismissal AND Text Order