District of New Jersey • 2:25-cv-18730

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Dec 17, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16922017.), filed by SAHIN CALBOGA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Supplement, # 6 Text of Proposed Order, # 7 Summons)(BAYRAM, AARON) (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. 26-28). 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) on or about October 13, 2024, Petitioner came to the United States and was arrested and detained; (ii) on or about October 14, 2024, Petitioner was released from immigration detention on his own recognizance pursuant to § 1226(a); (iii) since his entry and release, Petitioner has resided and established community ties in the United States; (iv) Petitioner has no criminal record; and (v) on or about December 9, 2025, in the interior of the United States, Petitioner was arrested at a routine U.S. Immigration and Customs Enforcement check-in. (Pet. Paras. 3, 21-22, 29, 30, 32). 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 documents (D.E. Nos. [1-1] through [1-7]), 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

#3

Dec 29, 2025

Substitution of Attorney

#4

Dec 31, 2025

Letter

#5

Jan 02, 2026

Enforce Judgment

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Jan 05, 2026

Response to Motion

#7

Jan 05, 2026

Reply to Response to Motion

Jan 05, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jan 09, 2026

Text Order

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Jan 10, 2026

Letter