District of New Jersey • 1:26-cv-09149

CASTRO REYES v. SOTO

Active

Case Information

Filed: July 23, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 04, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17702045.), filed by JOSE CONCEPCION CASTRO REYES. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 07/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 23, 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 7/23/26. (tjg, ) (Entered: 07/23/2026)
Jul 23, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 23, 2026
Case assigned to Judge Karen M. Williams. (tjg, )
Jul 23, 2026
Case Assigned/Reassigned
#3
Jul 24, 2026
TEXT ORDER The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Jose Concepcion Castro Reyes, ("Petitioner") who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) Petitioner alleges that he is a native and citizen of Mexico who entered the United States without inspection in May of 2021 under a temporary work visa. Petitioner alleges that he has no criminal record. Petitioner further alleges that he was arrested by ICE on July 22, 2026, and that he is mandatorily detained without a bond hearing pursuant to 8 U.S.C. § 1225(b). Petitioner contends his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because he was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition within seven (7) days of this Order, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on 7/24/26. (nar) (Entered: 07/24/2026)
Jul 24, 2026
Order
#4
Jul 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Jul 31, 2026
Answer to Complaint
Main Document: Answer to Complaint
#6
Aug 04, 2026
Letter
Main Document: Letter

Parties

CASTRO REYES
Party
SOTO
Party