District of New Jersey • 3:26-cv-08521

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Jul 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK54527.), filed by MARLON ALEXANDER VEKASQUEZ REYES. (Attachments: # 1 Exhibits, # 2 Envelope)(dmr3) (Entered: 07/10/2026)

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Jul 10, 2026

MOTION for Temporary Restraining Order by MARLON ALEXANDER VEKASQUEZ REYES. (Attachments: # 1 Declaration, # 2 Envelope)(dmr3) (Entered: 07/10/2026)

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Jul 10, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's pro se petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Honduras, alleges that he entered the United States on or around April 1, 2011, by crossing the United States-Mexico border without inspection, and has resided continuously in the United States for approximately eleven years. (ECF No. 1 Paras. 13-14.) Petitioner has built a stable life in Elizabeth, New Jersey, has been employed as a tire maintenance worker, is the father of a four-year old U.S. citizen daughter, and is the primary financial and emotional provider for his daughter and a twelve-year old boy. (Id. Paras. 15-19.) Petitioner has applied for asylum, withholding of removal, and protection under the Convention Against Torture, and he has received employment authorization. (Id. Paras. 20-24.) "According to his family, Petitioner has no criminal record in the United States or elsewhere." (Id. Para. 30.) On July 5, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was buying food at a restaurant with his daughter in Elizabeth, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 25-27.) 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). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, 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. Petitioner's motion (Motion) for a temporary restraining order (ECF No. 2) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1), the attachments to the Petition (ECF Nos. 1-1 & 1-2), the Motion (ECF No. 2), the attachments to the Motion (ECF Nos. 2-1 & 2-2) and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov and shall send Petitioner a copy of this Text Order by regular U.S. mail. So Ordered by Judge Georgette Castner on 7/10/2026. (jmh, n.m.) (Entered: 07/10/2026)

Jul 10, 2026

3 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 7/10/2026. Text Order sent to Petitioner via USPS. (jmh)

Jul 10, 2026

Notice of Judicial Preferences

Jul 10, 2026

Text Order

Jul 10, 2026

Docket Annotation (public)

Jul 10, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)

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Jul 11, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD BLANCHE, FIELD OFFICE DIRECTOR, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN. (jml, ) (Entered: 07/12/2026)

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Jul 11, 2026

Letter from Robert Frazer in response to the Court's text order entered at ECF No. 2 re: Petitioner's Release from ICE Custody.(jml, ) (Entered: 07/12/2026)

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Jul 13, 2026

TEXT ORDER: The Court previously ordered that Respondents release Petitioner under the same conditions, if any, that existed prior to their detention. (ECF No. 3 .) Petitioner has now been released. (ECF No. 5 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey and removal from the United States. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 7/13/2026. (jmh) (Entered: 07/13/2026)

Jul 13, 2026

Order of Dismissal AND Text Order

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Jul 28, 2026

Mail Returned

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Jul 29, 2026

Mail Returned