District of New Jersey • 2:26-cv-08260

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Jul 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17620928.), filed by Joseph Rodolfo Concha Alvarado. (Attachments: # 1 Civil Cover Sheet, # 2 order to show cause, # 3 Exhibit)(IRIZARRY-LOPEZ, JONATHAN) (Entered: 07/06/2026)

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Jul 06, 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 7/6/2026. (ps) (Entered: 07/06/2026)

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Jul 06, 2026

TEXT ORDER: Before the Court is Petitioner Joseph Rodolfo Concha Alvarado's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Ecuador, entered the United States in 2023 and was released into the country on his own recognizance. (See id.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 07/06/2026. (lr, ) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

Jul 06, 2026

Case Assigned to Judge Brian R. Martinotti. (ps)

Jul 06, 2026

Case Assigned/Reassigned

Jul 06, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 07, 2026

Motion to Quash/Compel/Enforce

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Jul 07, 2026

Notice of Appearance

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Jul 08, 2026

Letter

Jul 08, 2026

Set/Reset Motion and R&R Deadlines/Hearings

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Jul 09, 2026

Letter

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Jul 09, 2026

TEXT ORDER: Before the Court is Respondents' letter informing the Court that prior to the entrance of the Court's ordering enjoining Petitioner's transfer from New Jersey, Petitioner had been transferred to detention center in Alexandria, Louisiana, and requesting an Order allowing Respondents to release Petitioner's from custody in Louisiana. (See ECF No. 7.) Also before the Court, is Petitioner's Motion to Enforce. (ECF No. 4.) On July 6, 2026, the Court issued a Text Order finding that based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the facts asserted in the Petition established that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) and ordering Respondents to release Petitioner within twenty-four (24) hours of the entrance of that Text Order. (See ECF No. 3.) Respondents now submit that U.S. Immigration and Customs Enforcement ("ICE") initially informed Respondents that this matter was factually distinguishable from Suazo Rivera and Sandhu, and Respondents intended on filing an expedited answer. (See ECF No. 7.) However, upon further information, Respondents now concede that this matter is not factually distinguishable from Suazo Rivera and Sandhu. (Id.) Additionally, Respondents submit that ICE will be unable to return Petitioner to New Jersey for release from detention until July 12, 2026. Accordingly, Respondents submit that Petitioner has consented to being released in Louisiana. (See id.) Accordingly, it is ORDERED that, subject to the following, Respondents shall immediately RELEASE Petitioner from his current detention facility in Louisiana. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that Petitioner's Motion to Enforce (EC F No. 4) is DISMISSED as moot. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 07/09/2026. (lr, ) (Entered: 07/09/2026)

Jul 09, 2026

Text Order

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Jul 10, 2026

Letter

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Jul 13, 2026

TEXT ORDER: Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 9.) Accordingly, it is ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 7/13/26. (Fiore, J) (Entered: 07/13/2026)

Jul 13, 2026

Terminate Civil Case

Jul 13, 2026

Order

Jul 13, 2026

***Civil Case Terminated. (wh)

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Aug 06, 2026

Letter