District of New Jersey • 2:25-cv-19120

#1

Dec 31, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16954985.), filed by Jhonley Jose Nazaret Gonzalez-Montero. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service)(CAMPOS, JOSE) (Entered: 12/31/2025)

Jan 01, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

Jan 01, 2026

Case Assigned/Reassigned

Jan 06, 2026

QC - Fillable PDF

#2

Jan 15, 2026

Order to Answer

#3

Jan 19, 2026

Substitution of Attorney

#4

Jan 29, 2026

Response to Habeas Petition

#5

Mar 12, 2026

Reply to Response (NOT Motion)

#6

Jun 19, 2026

Leave to File Document

#7

Jun 22, 2026

TEXT ORDER -This matter comes before the Court on a motion to supplement the Petition, which is GRANTED as follows. (ECF No. 6.) Petitioner has been detained since at least December 31, 2025, when he filed the instant Petition. (ECF No. 1.) The record indicates that in November 2025, an immigration judge granted Petitioner voluntary departure under safeguards by January 8, 2026, which purportedly converts automatically to a final order of removal if Petitioner fails to depart. (see Pet. Ex. B, Order of Immigration Judge). Despite Petitioner's continued detention, Respondents contend that he is responsible for obtaining travel documents and purchasing a plane ticket to Venezuela. (ECF No. 4, Answer at 1-2.) Petitioner contends, however, that "Voluntary Departure Under Safeguards requires the DHS to transport Mr. Gonzalez-Montero to Venezuela" and that "due to ongoing hostilities between the United States and Venezuela, transportation is no longer possible." (Petition at 2.) Even if Petitioner has a final order of removal, he has been detained more than five months under § 1231(a), and Respondents have not provided any evidence that his removal is reasonably foreseeable. The Court will provide Respondents with seven (7) days to submit supplemental evidence that Petitioner's removal is reasonably foreseeable, including all documentation showing the efforts to remove Petitioner from January 8 onward and a certification from a person with personal knowledge of those efforts. Petitioner may file a reply brief within seven (7) days of Respondents' supplemental answer. So Ordered by Judge Madeline Cox Arleo on 6/22/2026. (aa, ) (Entered: 06/22/2026)

Jun 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 22, 2026

Order

Jun 22, 2026

Set Deadlines as to 6 MOTION for Leave to File to Supplement the Record. Motion set for 7/20/2026 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sm)

#8

Jun 29, 2026

Letter

#9

Jun 30, 2026

Letter

#10

Sep 04, 2026

Emergency MOTION for Immediate Release from Unlawful Detension re 7 Order,,,,,, 8 Letter by JHONLEY JOSE NAZARET GONZALEZ-MONTERO. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(CAMPOS, JOSE) (Entered: 09/04/2026)

#11

Sep 04, 2026

BRIEF in Support filed by JHONLEY JOSE NAZARET GONZALEZ-MONTERO re 10 Emergency MOTION for Immediate Release from Unlawful Detension re 7 Order,,,,,, 8 Letter (Attachments: # 1 Certificate of Service)(CAMPOS, JOSE) (Entered: 09/04/2026)

#12

Sep 04, 2026

TEXT ORDER- Pursuant to the Declaration of Miguel Rodriguez, ICE asserts it has been unable to continue its efforts to effectuate Petitioner's removal because Petitioner is subject to an order enjoining his transfer from the district. (ECF No. 8-1 at 5. Rodriguez proposes the following hypothetical: "Should the Court lift its no-transfer Order out of this District and presuming no further impediments to removal are in effect, ERO can effectuate Petitioner's removal to Venezuela. No travel document is required, and Petitioner would be staged in a different facility to await placement on a charter flight to Venezuela." (Id. at 6.) He provides no additional information about the likelihood of removal or what impediments might be in effect. This Court temporarily stayed Petitioner's transfer from this district while this case is pending and did not enjoin his removal or prevent Respondents from scheduling a removal flight. (See ECF No. 2.) As they have done in other cases, Respondents were free to request that the Court lift that stay of transfer if they could provide proof that his removal was imminent. Although they now ask the Court to lift the stay of transfer, Respondents provide no evidence that his removal is reasonably foreseeable other than Rodriguez's Declaration, which is conclusory at best and is unaccompanied by any documentary evidence. The Court rejects Respondents claim that the stay order has prevented Respondents from taking any steps to remove Petitioner. Petitioner has been detained well over six months, and the Court finds that Respondents have failed to show that his removal is reasonably foreseeable. See Zadvydas v. Davis, 533 U.S. 678 (2001). On that basis, the Petition is GRANTED, and Respondents are directed to release Petitioner within 24 hours on an order of supervision. The motions at ECF Nos 6, 10 shall be terminated as moot. Respondents shall file a letter within three (3) days confirming Petitioner's release and requesting to close this case. So Ordered by Judge Madeline Cox Arleo on 9/4/2026. (aa, ) (Entered: 09/04/2026)

Sep 04, 2026

Order

#13

Sep 08, 2026

Letter

#14

Sep 08, 2026

Order of Dismissal