District of New Jersey • 2:26-cv-08582

#1

Jul 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17648543.), filed by JOCSAN DAVID ACEITUNO CHAVEZ. (Attachments: # 1 Exhibit ICE Form I-213, # 2 Exhibit EOIR Voluntary Departure Order, # 3 Exhibit DHS Verification of Departure, # 4 Exhibit ICE Detainer from PROMIS/Gavel, # 5 Exhibit USCIS Special Immigrant Juvenile Status Approval Notice, # 6 Exhibit USCIS Adjustment of Status Receipt Notice, # 7 Exhibit Declaration of Jorge E. Artieda, # 8 Exhibit USCIS Deferred Action Employment Card valid until 03/13/2027, # 9 Exhibit List, # 10 Text of Proposed Order Proposed Order, # 11 Civil Cover Sheet, # 12 Certificate of Service)(CAMILO, JASON) (Entered: 07/11/2026)

#2

Jul 11, 2026

MOTION for Order to Show Cause by JOCSAN DAVID ACEITUNO CHAVEZ. (Attachments: # 1 Text of Proposed Order)(CAMILO, JASON) (Entered: 07/11/2026)

#3

Jul 11, 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 7/11/2026. (jml, ) (Entered: 07/11/2026)

#4

Jul 11, 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 two (2) 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 two (2) 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 7/11/2026. (eaj, ) (Entered: 07/12/2026)

Jul 11, 2026

Judge Madeline Cox Arleo added. (jml, )

Jul 11, 2026

Add and Terminate Judges

Jul 11, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 12, 2026

Text Order

#5

Jul 13, 2026

NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of TODD BLANCHE, MARKWAYNE MULLIN, ERIC ROKOSKY, DAVID VENTURELLA (STRATIGEAS, CHRISTOPHER) (Entered: 07/13/2026)

#6

Jul 13, 2026

RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, MARKWAYNE MULLIN, ERIC ROKOSKY, DAVID VENTURELLA. (Attachments: # 1 Exhibit A - 2015.12.08 Form I-213 (Record of Deportable_Inadmissible Alien), # 2 Exhibit B - 2015.12.08 Form I-862 (Notice to Appear), # 3 Exhibit C - 2018.11.26 Order of IJ, # 4 Exhibit D - 2025.07.21 Form I-213 (Record of Deportable_Inadmissible Alien), # 5 Exhibit E - CES - Crime Entry Screen RAP SHEET)(STRATIGEAS, CHRISTOPHER)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: 07/13/2026)

#7

Jul 16, 2026

Extension of Time to File Response/Reply

#8

Jul 17, 2026

Order on Motion for Extension of Time to File Response/Reply

#9

Jul 19, 2026

Reply to Response (NOT Motion)

#10

Jul 23, 2026

TEXT ORDER- This matter comes before the Court on a Petition for a writ of habeas corpus and a motion for an order to show cause brought by JOCSAN DAVID ACEITUNO CHAVEZ. (ECF Nos. 1-2.) The Court stayed his transfer (ECF No. 3), and the matter is now briefed. According to Respondents, "Petitioner is in ICE detention without bond because he is an '[applicant] for admission' as described in § 1225(b)(2) and in the Board of Immigration Appeals' ("BIA") recent decision in Matter of Yajure Hurtado, 29 I&N Dec. 215 (BIA 2025)." (ECF No. 6 at 2.) This Court rejected that interpretation of § 1225(b)(2) in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)). Respondents do not argue that Petitioner's reentry following his voluntary departure changes the Court's analysis, and this Court only addresses the arguments made by the parties. Petitioner seeks immediate release from detention and argues that release is the only appropriate remedy for detaining him under § 1225(b), and Respondents oppose his release based on his criminal history. Habeas is "an adaptable remedy," and "[i]ts precise application and scope changed depending upon the circumstances." Boumediene v. Bush, 553 U.S. 723, 779 (2008). Here, Petitioner has a recent criminal conviction for unlawful possession of a handgun in violation of N.J.S.A. 2C:39-5B(1), and the Court, having weighed the competing interests at stake, finds that an individualized bond hearing is the appropriate remedy here. The Court makes no determination about whether Petitioner is a flight risk or a danger to the community. It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 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's counsel shall have notice of the bond hearing, a reasonable 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. The motion for an OTSC at ECF No. 2 shall be terminated. So Ordered by Judge Madeline Cox Arleo on 7/23/2026. (aa, ) (Entered: 07/23/2026)

Jul 23, 2026

Order

#11

Jul 27, 2026

Seal

Jul 28, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Jul 30, 2026

Letter