District of New Jersey • 3:26-cv-07166

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Jun 16, 2026

PETITION for Writ of Habeas Corpus FOR ALIEN DETAINEE ( Filing fee $ 5 receipt number ANJDC-17546993.), filed by PROSPERO ENRIQUE GARCIA XITUMUL. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (Entered: 06/16/2026)

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Jun 16, 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 6/16/26. (tjg, ) (Entered: 06/16/2026)

Jun 16, 2026

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

Jun 16, 2026

Notice of Judicial Preferences

Jun 16, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 15, 2026

Letter

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Jul 16, 2026

TEXT ORDER: Petitioner PROSPERO ENRIQUE GARCIA XITUMUL is a citizen of Guatemala who allegedly entered the United States four years ago and has no criminal history. (ECF No. 1, Petition at 14, 40-44.) On June 14, 2026, he was arrested by Immigration and Customs Enforcement ("ICE") agents. (Id. at 41.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225 and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). This Court has found that similarly situated noncitizens are entitled to a bond hearing under § 1226(a). See Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025) (holding that noncitizens who entered the United States without inspection and were later arrested in the interior of the United States could only be detained under 8 U.S.C. § 1226(a)); Correa v. Delaney Hall, No. 26-4876, 2026 WL 1803202, at *3 (D.N.J. Jun. 23, 2026) (finding that a petitioner who was paroled into the country under 8 U.S.C. § 1182(d)(5)(A) and detained years later was entitled to a bond hearing under § 1226(a)). It is, therefore, 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), (d)(1). It is further ORDERED that Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. Alternatively, if Respondents contend that this case is factually or legally distinguishable, or that Petitioner has an undisclosed criminal history that makes him subject to mandatory detention under 8 U.S.C. § 1226(c), they shall file an expedited answer within five (5) days of the date of entry of this Text Order; Petitioner may submit a reply within three (3) days of his receipt of the same. The Text Order at ECF No. 2, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes. So Ordered by Judge Robert Kirsch on 07/16/2026. (pdm) (Entered: 07/16/2026)

Jul 16, 2026

Text Order

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Jul 17, 2026

Notice of Appearance

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Jul 24, 2026

Letter

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Jul 31, 2026

TEXT ORDER: This Court granted Petitioner Prospero Enrique Garcia Xitumul's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to provide him with a bond hearing. (ECF No. 4.) Respondents have provided a status update notifying the Court that Petitioner was provided an individualized bond hearing, and the Immigration Court denied bond based on flight risk. (ECF Nos. 6, 6 -1.) Accordingly, the Clerk shall CLOSE this matter. So Ordered by Judge Robert Kirsch on 07/31/2026. (pdm) (Entered: 07/31/2026)

Jul 31, 2026

Order of Dismissal