District of New Jersey • 3:25-cv-18185

TUM GARCIA v. ROKOSKY

Completed

Case Information

Filed: December 04, 2025
Assigned to: Michael Andre Shipp
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: January 09, 2026
Last Activity: January 09, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 04, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16879809.), filed by MAYNOR CASTULO TUM GARCIA. (Attachments: # 1 Supplement OSC, # 2 Text of Proposed Order, # 3 Certificate of Service, # 4 Civil Cover Sheet, # 5 Appendix, # 6 Exhibit Ice Locator, # 7 Exhibit Asylum Notice, # 8 Exhibit Warrant of Arrest, # 9 Exhibit Form I831, # 10 Exhibit NTA, # 11 Exhibit Affidavit, # 12 Appendix Cases)(CARDENAS, VERONICA) (Entered: 12/04/2025)
Main Document: Petition for Writ of Habeas Corpus
Dec 04, 2025
Case assigned to Judge Michael A. Shipp. (tjg, )
Dec 04, 2025
Case Assigned/Reassigned
#2
Dec 17, 2025
MOTION for Order to Show Cause by MAYNOR CASTULO TUM GARCIA. (Attachments: # 1 Text of Proposed Order)(CARDENAS, VERONICA) (Entered: 12/17/2025)
Main Document: Show Cause
Dec 18, 2025
Set Deadlines as to 2 MOTION for Order to Show Cause . Motion set for 1/20/2026 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kht)
Dec 18, 2025
Set/Reset Motion and R&R Deadlines/Hearings
#3
Dec 19, 2025
TEXT ORDER: According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225(b)(2) pursuant to the Board of Immigration Appeals' decision in Matter of Yajure Hurtado. (ECF No. 1 at 1-3). Under this Court's recent decision in Aguilar Ramos v. Soto, No. 25-15315, 2025 WL 3251447 (D.N.J. Nov. 21, 2025), however, that statute does not apply to aliens such as Petitioner who were apprehended within the territorial United States after residing in the country for an extended period. Because Petitioner's habeas petition appears indistinguishable from Aguilar Ramos, it appears that Petitioner is entitled to a bond hearing pursuant to 8 U.S.C. § 1226(a). Accordingly, Respondents shall provide Petitioner with a bond hearing no later than December 26, 2025, at 5:00 p.m. If Respondents contend that the reasoning of Aguilar Ramos does not apply, for example, because it is factually distinguishable, they shall file an answer to the petition by December 29, 2025, at 5:00 p.m., and Petitioner shall file any reply by January 2, 2026, at 5:00 p.m. Petitioner's motion seeking an order to show cause (ECF No. 2 ) is denied as moot in light of this Order. So Ordered by Judge Michael A. Shipp on 12/19/2025. (jab) (Entered: 12/19/2025)
Dec 19, 2025
Text Order AND ~Util - Terminate Motions
#4
Dec 27, 2025
Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney MICHAEL KEVIN O'LEARY for JONATHAN FLORENTINO,MICHAEL KEVIN O'LEARY for TODD M LYONS,MICHAEL KEVIN O'LEARY for ERIC ROKOSKY added.. (O'LEARY, MICHAEL) (Entered: 12/27/2025)
Main Document: Substitution of Attorney
#5
Dec 27, 2025
Letter from Respondents re 3 Text Order,,,,,, Terminate Motions,,,,,. (O'LEARY, MICHAEL) (Entered: 12/27/2025)
Main Document: Letter
#6
Jan 09, 2026
TEXT ORDER: Respondents notified the Court that the Immigration Judge held a bond hearing for Petitioner on December 23, 2025. The Clerk of Court, therefore, shall close this matter. So Ordered by Judge Michael A. Shipp on 1/9/2026. (jab) (Entered: 01/09/2026)
Jan 09, 2026
Terminate Civil Case
Jan 09, 2026
***Civil Case Terminated. (jab)
Jan 09, 2026
Text Order