District of New Jersey • 3:26-cv-08869

#1

Jul 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17673016.), filed by DAVID CRUZ PEREZ. (Attachments: # 1 Exhibit A - OSUP Paperwork, # 2 Exhibit B - ICE Portal Screenshot, # 3 Civil Cover Sheet)(DEANE, CONOR) (Entered: 07/16/2026)

#2

Jul 16, 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 716/2026. (jml, ) (Entered: 07/16/2026)

Jul 16, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 16, 2026

Judge Georgette Castner added. (jml, )

Jul 16, 2026

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

Jul 16, 2026

Notice of Judicial Preferences

Jul 16, 2026

Add and Terminate Judges

#3

Jul 17, 2026

MEMORANDUM & ORDER denying request for OTSC; that Respondents shall not transfer Petitioner from the District of New Jersey; directing Respondents to file answer within 14 days. (N/M). Signed by Judge Georgette Castner on 7/17/2026. (lag, ) (Entered: 07/17/2026)

#4

Jul 24, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of LUIS SOTO, JOHN TSOUKARIS (ZARRILLO, BRIDGET) (Entered: 07/24/2026)

#5

Jul 27, 2026

RESPONSE to Petition for Writ of Habeas Corpus by LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit Ex 1- August 25 2021 IJ Removal Order, # 2 Exhibit Ex 2- I-213 Form, # 3 Exhibit Ex 3 - BIA Appeal Decision, # 4 Exhibit Ex 4- Third Circuit Decision Denying Petition for Review)(ZARRILLO, BRIDGET) (Entered: 07/27/2026)

#6

Aug 03, 2026

Plaintiff's Reply Brief by DAVID CRUZ PEREZ. (Attachments: # 1 Exhibit Petitioner's Statement)(DEANE, CONOR) (Entered: 08/03/2026)

#7

Aug 13, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), Respondents' expedited answer (ECF No. 5 ), and Petitioner's reply (ECF No. 6 ). Petitioner claims, inter alia, that he is entitled to relief under United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954) (requiring agencies to follow their own regulations or procedures affecting the fundamental rights of individuals), because Respondents violated governing regulations for revoking Petitioner's conditions of release. (ECF No. 1 Para. 48.) The Court agrees with Petitioner. It appears undisputed that an Immigration Judge ordered Petitioner removed on August 25, 2021, and, on July 8, 2024, Petitioner was placed on an Order of Supervision ("OSUP"). (Id. Paras. 2-3; ECF No. 1 -1.) Subsequently, the Board of Immigration Appeals dismissed his administrative appeal on March 3, 2025, the Third Circuit denied his petition for review on January 27, 2026, and U.S. Immigration and Customs Enforcement detained Petitioner at a routine OSUP check-in appointment on July 13, 2026. (ECF No. 1 Para. 5; ECF No. 5 at 1-2.) Under the regulatory framework applicable where "the Service makes a determination under this section that there is no significant likelihood of removal in the reasonably reasonable future," 8 C.F.R. § 241.13(b)(1), an alien released under an OSUP may be returned to custody if he or she violates the conditions of release, or if, on account of changed circumstances, there is a significant likelihood of removal in the reasonably reasonable future. 8 C.F.R. § 241.13(i)(1)-(2). "Upon revocation, the alien will be notified of the reasons for revocation of his or her release," and "[t]he Service will conduct an initial informal interview promptly after his or her return to Service custody to afford the alien an opportunity to respond to the reasons for revocation stated in the notification." 8 C.F.R. § 241.13(i)(3); see also 8 C.F.R. § 241.1(l)(1)-(2) (setting forth similar requirements for revoking OSUP issued on the grounds that the alien would not pose a danger to the public or a flight risk without regard to the likelihood of removal). Respondents have failed to comply with the applicable requirements for revoking supervised release. Specifically, there is no indication that Petitioner was notified of the reasons for any revocation, or that Petitioner was provided with a prompt informal interview. Respondents also do not provide a substantive response to Petitioner's OSUP arguments; instead, without any explanation, they merely state that "Respondents reassert the foregoing facts and arguments as evidence of a lawful basis for Petitioner's arrest and detention." (ECF No. 5 at 5.) For the foregoing reasons, the Petition is GRANTED, and the Court ORDERS that, within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner subject to the terms of his preexisting OSUP. See Matute Matute v. Soto, No. 26-0820, ECF No. 11 (ordering petitioner's immediate release on the grounds that the respondents violated § 241.4(l) and the Accardi doctrine by revoking the OSUP without providing the required informal interview); Martinez v. Jamieson, No. 26-0718, 2026 WL 700335, at *4-8 (E.D. Pa. Mar. 12, 2026) (ordering immediate release where respondents failed to provide informal interview under § 241.4(l)(1)); V.S.P.H. v. Soto, No. 25-18835, 2026 WL 371162, at *3 (D.N.J. Feb. 10, 2026) (ordering immediate release where there is no indication that respondents complied with their own procedures before detaining petitioner in violation of her due process rights). So Ordered by Judge Georgette Castner on 8/13/2026. (jmh) (Entered: 08/13/2026)

Aug 13, 2026

Text Order

#8

Aug 14, 2026

Letter from Respondents addressing Petitioner's release from custody. (ZARRILLO, BRIDGET) (Entered: 08/14/2026)

#9

Aug 17, 2026

Letter from Petitioner regarding his re-detention on August 17, 2026. (Attachments: # 1 Exhibit A - Affidavit of Immigration Counsel)(DEANE, CONOR) (Entered: 08/17/2026)

#10

Aug 18, 2026

TEXT ORDER: This matter is before the Court on Petitioner's August 17, 2026 letter (Letter). (ECF No. 9 .) Within twenty-four (24) hours of the time of entry of this Text Order, Respondents shall file a response to Petitioner's Letter. So Ordered by Judge Georgette Castner on 8/18/2026. (jmh) (Entered: 08/18/2026)

Aug 18, 2026

Text Order

#11

Aug 19, 2026

Letter from Respondents responding to Petitioner's Letter ECF No. 9. (Attachments: # 1 Exhibit EX 1- Notice of Revocation of Release Documents)(ZARRILLO, BRIDGET) (Entered: 08/19/2026)

#12

Aug 20, 2026

TEXT ORDER: This matter is before the Court on Respondents' letter response (Letter Response) (ECF No. 11 ) to Petitioner's August 17, 2026 letter (ECF No. 9 ). Within twenty-four (24) hours of the time of entry of this Text Order, Petitioner shall file a reply to Respondents' Letter Response. So Ordered by Judge Georgette Castner on 8/20/2026. (jmh) (Entered: 08/20/2026)

#13

Aug 20, 2026

Letter from Petitioner in Reply to Respondent's Letter Brief re 11 Letter. (DEANE, CONOR) (Entered: 08/20/2026)

Aug 20, 2026

Text Order

Sep 09, 2026

Order of Dismissal AND Text Order