District of New Jersey • 3:26-cv-07396

#1

Jun 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17559282.), filed by FRANCO HILEBERTO PONCE CASTRO. (Attachments: # 1 Proposed Habeas Order, # 2 Order to Show Cause, # 3 Certificate of Service, # 4 Civil Cover Sheet JS-44, # 5 Exhibit Exhibit A - ICE Detainee Locator, # 6 Exhibit Exhibit B - ACIS, # 7 Exhibit Exhibit C - Maldonado Final Judgment)(PEREZ, BRYAN) (Entered: 06/19/2026)

#2

Jun 19, 2026

MOTION for Temporary Restraining Order by FRANCO HILEBERTO PONCE CASTRO. (Attachments: # 1 Proposed TRO)(PEREZ, BRYAN) (Entered: 06/19/2026)

#3

Jun 19, 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 6/19/2026. (eaj) (Entered: 06/19/2026)

Jun 19, 2026

Add and Terminate Judges

Jun 19, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 19, 2026

Judge Robert Kirsch added. (eaj)

Jun 22, 2026

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

Jun 22, 2026

Set Deadlines as to 2 MOTION for Temporary Restraining Order . Motion set for 7/20/2026 before Judge Robert Kirsch. 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. (kht)

Jun 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 22, 2026

Notice of Judicial Preferences

#4

Jul 16, 2026

TEXT ORDER: Petitioner FRANCO HILEBERTO PONCE CASTRO is a citizen of Mexico who allegedly entered the United States in 1999 and does not have a criminal history or a final order of removal. (ECF No. 1, Petition at 21-27.) On June 16, 2026, he was arrested by Immigration and Customs Enforcement ("ICE") agents. (Id. at 14.) 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. 3, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes, and the Motion for a Temporary Restraining Order at ECF No. 2, which seeks the same relief, shall be terminated. So Ordered by Judge Robert Kirsch on 07/16/2026. (pdm) (Entered: 07/16/2026)

Jul 16, 2026

Order on Motion for TRO

#5

Jul 22, 2026

Notice of Appearance

#6

Jul 22, 2026

Letter

#7

Jul 31, 2026

TEXT ORDER: This Court granted Petitioner Franco Hileberto Ponce Castro's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to provide Petitioner 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. (ECF No. 6 .) 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