District of New Jersey • 3:26-cv-08625

#1

Jul 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK54541.), filed by CRISTIAN DANIEL LOZANO PALOMO. (Attachments: # 1 Exhibit)(mlh) (Entered: 07/13/2026)

#2

Jul 13, 2026

MOTION for Immediate Release or, in the alternative, for an Individualized Custody Hearing by CRISTIAN DANIEL LOZANO PALOMO. (mlh) (Entered: 07/13/2026)

#3

Jul 13, 2026

EMERGENCY MOTION for Expedited Consideration by CRISTIAN DANIEL LOZANO PALOMO. (mlh) (Entered: 07/13/2026)

#4

Jul 13, 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 7/13/2026. (jjc, ) (Entered: 07/13/2026)

Jul 13, 2026

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

Jul 13, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 13, 2026

Notice of Judicial Preferences

#5

Jul 14, 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 .) Petitioner, a native and citizen of Colombia, alleges that he entered the United States on August 27, 2019 when he was sixteen years old. (ECF No. 1 Paras. 8-9.) Shortly after his arrival, Petitioner enrolled at an arts academy in Elizabeth, New Jersey, and has supported himself through "honest employment." (Id. Paras. 10-11). "Petitioner has no known criminal history, [and] has never been convicted of a criminal offense." (Id. Para. 13.) On July 9, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in a traffic stop in Elizabeth, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 14-20.) 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 for immediate release (Motion for Immediate Release) (ECF No. 2 ) and his emergency motion for expedited consideration (Motion for Expedited Consideration are DENIED as moot, and the Clerk of the Court shall TERMINATE the Motions pending at ECF Nos. 2 and 3 . The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF No. 1 -1), the Motion for Immediate Release (ECF No. 2 ), the Motion for Expedited Consideration (ECF No. 3 ), 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 7/14/2026. (jmh) (Entered: 07/14/2026)

Jul 14, 2026

5 Text Order and ECF No. 1, 2, and 3 emailed to USANJ-HabeasCases@usdoj.gov and mailed to Petitioner via USPS on 7/14/2026. (jmh)

Jul 14, 2026

Text Order AND ~Util - Terminate Motions

Jul 14, 2026

Docket Annotation (public)

#6

Jul 15, 2026

Notice of Appearance

#7

Jul 15, 2026

Letter

#8

Jul 16, 2026

Letter

#9

Jul 17, 2026

Letter

#10

Jul 22, 2026

Letter

#11

Jul 23, 2026

Miscellaneous Relief

Jul 23, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Jul 24, 2026

Letter

#13

Jul 27, 2026

Mail Returned

Jul 29, 2026

Order of Dismissal AND ~Util - Terminate Motions

#15

Jul 30, 2026

Mail Returned