District of New Jersey • 1:25-cv-18982

#1

Dec 24, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16941750.), filed by GERMAN DAVID RESTREPO ARAQUE. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # 3 Memorandum, # 4 Text of Proposed Order, # 5 Index, # 6 Exhibit ICE Locator, # 7 Exhibit Asylum Application, # 8 Exhibit Work Authorization and Social, # 9 Exhibit Employment Card Approval, # 10 Exhibit Decl of Partner, # 11 Exhibit Colombian Passport)(CARDENAS, VERONICA) (Entered: 12/24/2025)

Dec 24, 2025

Case Assigned to Chief Judge Renee Marie Bumb. (ps)

Dec 24, 2025

Case Assigned/Reassigned

#2

Dec 29, 2025

TEXT ORDER Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. Petition, Dkt. No. 1. Under the recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is ORDERED that, 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 pursuant to 8 C.F.R. § 236.1(c)(8) and (d)(1). 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 Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, 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. So Ordered by Chief Judge Renee Marie Bumb on 12/29/2025. (Costigan, Roberta) (Entered: 12/29/2025)

Dec 29, 2025

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

Dec 29, 2025

Order

Dec 29, 2025

Notice of Judicial Preferences

#3

Dec 31, 2025

Substitution of Attorney

#4

Jan 07, 2026

Letter