District of New Jersey • 2:25-cv-18715

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Dec 17, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16920357.), filed by CARLOS E MARCOS SALAS. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (Entered: 12/17/2025)

Dec 17, 2025

Case Assigned to Judge Esther Salas. (ps)

Dec 17, 2025

Case Assigned/Reassigned

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Dec 23, 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")). Under 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). (Pet. Paras. 3, 31). 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, inter alia: (i) Petitioner has resided in the United States since 2022; (ii) Petitioner was placed into removal proceedings under 8 U.S.C. § 1229a through the issuance of a notice to appear charging him with inadmissibility under 8 U.S.C. § 1182(a)(6)(A)(i) as an alien who entered the United States without inspection; (iii) he was arrested and charged with simple assault but the charges were dismissed, and he has no other arrests or criminal charges pending; and (iv) Petitioner evidently was arrested and detained in the interior of the United States. (Pet. Paras. 39, 40, 42). 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 document (D.E. No. [1-1]), 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 12/23/2025. (tjd) (Entered: 12/23/2025)

Dec 23, 2025

Order

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Dec 29, 2025

Substitution of Attorney

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Dec 31, 2025

Letter