District of New Jersey • 3:26-cv-07886

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number 54401.), filed by DENNIS CANIZAREZ VAZQUEZ. (Attachments: # 1 Exhibits, # 2 Certificate of Service, # 3 Cover Letter)(km) (Entered: 06/29/2026)

#2

Jun 29, 2026

TEXT ORDER: Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Georgette Castner on 6/29/2026. (km) (Entered: 06/29/2026)

Jun 29, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 30, 2026

Order of Dismissal

Jul 02, 2026

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

Jul 02, 2026

Notice of Judicial Preferences

#4

Jul 24, 2026

Notice of Appearance

#5

Jul 24, 2026

Amended Complaint

#6

Jul 27, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's counseled amended petition (Amended Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 5 .) In a June 30, 2026 Memorandum and Order, the Court terminated this matter and ordered that, within thirty (30) days, Petitioner may reopen this matter if he submits a completed and signed habeas petition. (ECF No. 3 at 4 .) On July, 24, 2026, Petitioner, through counsel, filed the Amended Petition. Accordingly, the Clerk of the Court shall REOPEN this matter. According to the Amended Petition, Petitioner, a native and citizen of Cuba, entered the United States with his spouse without inspection in March 2022, and they were briefly detained and then released on their own recognizance under 8 U.S.C. § 1226. (ECF No. 5 Para. 1.) Petitioner and his wife moved to New Jersey and filed an asylum application. (Id.) Petitioner does not have any criminal convictions or active criminal cases. (Id. Para. 20.) "Since arriving [in] the country in 2022, he had a single interaction with the criminal law system. He was accused of a simple assault in 2023, but the charges against him were promptly dismissed." (Id. Para. 20 (citing ECF No. 5 -3 (indicating that, in the Elizabeth Municipal Court, Petitioner was charged with simple assault-purposely/knowingly causing bodily injury, he pled not guilty, and the "FINDING" was "DISMISSED-OTHER")).) In June 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in a vehicle stop while he was on his way to work, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 5.) Based on Petitioner's allegations 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). The Court thus GRANTS the Petition (ECF No. 5 ). Given his criminal history, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) 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 Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Amended Petition (ECF No. 1 ), the attachments to the Amended Petition (ECF Nos. [1-1] through [1-4]), 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 Georgette Castner on 7/27/2026. (ijf) (Entered: 07/27/2026)

Jul 27, 2026

Order Reopening Case

#7

Aug 04, 2026

NOTICE of Appearance by FRANCES C. BAJADA on behalf of ATTORNEY GENERAL OF THE UNITED STATES, FIELD OFFICE DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, NEWARK FIELD OFFICE, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, WARDEN, DELANEY HALL DETENTION FACILITY (BAJADA, FRANCES) (Entered: 08/04/2026)

#8

Aug 04, 2026

Letter from U.S. Attorney's Office informing of Petitioner's bond hearing. (Attachments: # 1 Exhibit August 3, 2026 Order of the Immigration Judge)(BAJADA, FRANCES) (Entered: 08/04/2026)

#9

Aug 05, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 6 .) The bond hearing has now occurred, and the IJ granted Petitioner's release on bond with monitoring as determined appropriate by the U.S. Department of Homeland Security. (ECF No. 8 -1.) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 8/5/2026. (jmh) (Entered: 08/05/2026)

Aug 05, 2026

Order of Dismissal AND Text Order