District of New Jersey • 3:26-cv-05821

#1

May 21, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by AXEL JOSUE MARTINEZ FUENTES. (Attachments: # 1 Envelope)(mlh) (Entered: 05/21/2026)

#2

May 21, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/21/2026. (jjc, ) (Entered: 05/21/2026)

May 21, 2026

Emergent Immigration Habeas Non-transfer Order

May 21, 2026

Notice of Judicial Preferences

May 21, 2026

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

#3

May 26, 2026

Order to Answer

#4

Jun 09, 2026

Response to Habeas Petition

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Jun 30, 2026

Letter

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Jul 02, 2026

TEXT ORDER: This matter is before the Court on the pro se Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), Respondents' expedited letter answer to the Petition (Response) (ECF No. 4), and Respondents' letter update (Update) (ECF No. 5). Petitioner, a native and citizen of Nicaragua, on or about June 4, 2022, entered the United States without being admitted or paroled after inspection by an immigration officer, was encountered by immigration officials, and was paroled into the United States. (ECF No. 4 at 1.) On July 23, 2025, Petitioner was arrested by U.S. Immigration and Customs Enforcement ("ICE") and issued a Notice to Appear. (Id.) The Record of Deportable/Inadmissible Alien indicates that Petitioner has no criminal history. (ECF No. 4-1 at 2.) Petitioner applied for asylum, and the Department of Homeland Security moved to pretermit the asylum application pursuant to the Asylum Cooperative Agreement between the United States and Honduras. (ECF No. 4 at 1-2.) On or about November 3, 2025, an immigration judge ("IJ") granted the motion to pretermit and ordered Petitioner removed to Nicaragua. (Id.) On November 5, 2025, the IJ amended the removal order to state correctly that Petitioner was ordered removed to Honduras. (Id.) Petitioner did not file an administrative appeal, and accordingly the removal order became final on or about December 4, 2025. (Id.) On June 3, 2026, ICE moved to reopen the removal proceedings, and, on June 21, 2026, the IJ granted ICE's Motion to Reopen. (ECF No. 5 at 1.) Respondents concede that, upon the grant of the Motion to Reopen, Petitioner is no longer subject to mandatory post-removal order detention under 8 U.S.C. § 1231. (Id.) According to Respondents, Petitioner remains subject to mandatory detention under 28 U.S.C. § 1225(b)(2). (Id.) However, based on the record and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty-four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release.. So Ordered by Judge Georgette Castner on 7/2/2026. (jmh) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

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Jul 03, 2026

Letter

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Jul 06, 2026

TEXT ORDER: The Court previously ordered that Respondents release Petitioner under the same conditions, if any, that existed prior to their detention. (ECF No. 6 .) Petitioner has now been released. (ECF No. 7 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders (ECF Nos. 2, 3 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 7/6/2026. (jmh) (Entered: 07/06/2026)

Jul 06, 2026

Order of Dismissal AND Text Order

#9

Jul 27, 2026

Mail Returned as Undeliverable. Mail sent to AXEL JOSUE MARTINEZ FUENTES (mj) (Entered: 07/27/2026)