District of New Jersey • 2:26-cv-09508

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17723929.), filed by HERMINIO RODRIGUEZ ALVAREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 07/28/2026)

Jul 28, 2026

Judge Julien Xavier Neals added. (jjc, )

#2

Jul 29, 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 7/29/2026. (jjc, ) (Entered: 07/29/2026)

#3

Jul 29, 2026

TEXT ORDER: Before the Court is Petitioner Herminio Rodriguez Alvarez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing (ECF No. 1). Petitioner, a native of Mexico, who entered the United States in 2015, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally ECF No.1.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he entered the country years ago and has been detained in the interior of the country. As such, his continued detention under that statute is unlawful. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2) which the Court has found inapplicable to him. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 07/29/2026. (ftm) (Entered: 07/29/2026)

Jul 29, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 29, 2026

Add and Terminate Judges

Jul 29, 2026

Text Order

#4

Jul 31, 2026

Notice of Appearance

#5

Jul 31, 2026

Status Report

Aug 03, 2026

Terminate Civil Case

Aug 03, 2026

Text Order