District of New Jersey • 1:26-cv-08457

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17639724.), filed by JUAN SANCHEZ CHICAS. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet)(DESHMUKH, AMIT) (Entered: 07/09/2026)

#2

Jul 09, 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 7/9/2026. (jr) (Entered: 07/09/2026)

Jul 09, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 09, 2026

Case assigned to Chief Judge Renee Marie Bumb. (jr)

Jul 09, 2026

Case Assigned/Reassigned

#3

Jul 10, 2026

TEXT ORDER Petitioner alleges he is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within five (5) days of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Chief Judge Renee Marie Bumb on 07/10/2026. (Costigan, Roberta) (Entered: 07/10/2026)

#4

Jul 10, 2026

MOTION to Enforce Judgment by JUAN SANCHEZ CHICAS. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(DESHMUKH, AMIT) (Entered: 07/10/2026)

#5

Jul 10, 2026

Exhibit to 4 Motion to Enforce Judgment by JUAN SANCHEZ CHICAS. (DESHMUKH, AMIT)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 07/10/2026)

Jul 10, 2026

Order

Jul 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#6

Jul 14, 2026

TEXT ORDER. The Court is in receipt of the Motion to Enforce [Dkt. 4] No attachment A is provided and shall be so docketed by Petitioner forthwith. The Respondents shall forthwith advise if Petitioner was transferred out of the District of New Jersey contrary to this Court's ruling. The time to either release or file an expedited Answer is not yet expired so the pending Motion is denied as premature. So Ordered by Chief Judge Renee Marie Bumb on 07/14/26. (Bumb, Renee) (Entered: 07/14/2026)

#7

Jul 14, 2026

Notice of Appearance

Jul 14, 2026

Order

#8

Jul 15, 2026

Letter

#9

Jul 15, 2026

Response to Habeas Petition

#10

Jul 17, 2026

TEXT ORDER. This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241, challenging his mandatory detention by immigration authorities under 8 U.S.C. 1225(b)(2) as unlawful. Dkt. No. 1 ("Petition"). Respondents filed an expedited answer. Respondents acknowledge that they rely on the same statutory-interpretation arguments rejected by this Court and other courts within this district in factually similar cases where immigration authorities detained petitioners under 8 U.S.C. § 1225(b)(2) without a bond hearing. See, e.g., Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025); Perez v. Lyons, No. 25-17186 (ESK), 2025 WL 3238540 (D.N.J. Nov. 19, 2025); Answer at 1, n. 1, 3. Pursuant to this Court's order to answer, Respondents also submitted that Petitioner has a criminal conviction. Respondents contend that the only remedy, if the Court finds § 1225 does not apply, is a bond hearing under § 1226(a) and not immediate release. Pursuant to Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) and similar decisions in this District, including those cited by Respondents in their Answer, the Court holds Petitioner is unlawfully detained under Section 1225(b)(2) without a bond hearing. Accordingly, Respondents shall provide Petitioner with a bond hearing pursuant to 8 U.S.C. 1226(a) within seven days of this Order. See Boumediene v. Bush, 553 U.S. 723, 813 (2008) ("habeas is, as the majority acknowledges, a flexible remedy rather than a substantive right.") Within three days of the bond hearing, Respondents shall file a status report of the outcome of the bond hearing. Additionally, Respondents shall SHOW CAUSE, in writing within three days, why the transfer of Petitioner to New Mexico in violation of this Court's order was "inadvertent." Additionally, pursuant to Federal Rule of Civil Procedure 11, Petitioner's counsel shall SHOW CAUSE, in writing to the Court within three days of this Order, why sanctions should not issue for misrepresentation in the Petition that Petitioner had no criminal conviction. So Ordered by Chief Judge Renee Marie Bumb on 07/17/26. (Bumb, Renee) (Entered: 07/17/2026)

Jul 17, 2026

Order

#11

Jul 19, 2026

Memorandum in Support of Motion

#12

Jul 20, 2026

Letter from Respondents. (Attachments: # 1 Declaration Patel Declaration)(HARID, SHRIRAM) (Entered: 07/20/2026)

#13

Jul 21, 2026

TEXT ORDER. The Court is in receipt of responses to both Orders to Show Cause. The Court finding that no cause exists to impose sanctions, the Order is discharged as to the issue of sanctions only. So Ordered by Chief Judge Renee Marie Bumb on 07/21/26. (Bumb, Renee) (Entered: 07/21/2026)

Jul 21, 2026

Order

#14

Jul 23, 2026

Letter

#15

Jul 27, 2026

Letter