District of New Jersey • 3:26-cv-09573

#1

Jul 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17729755.), filed by EDINSON RONALDO SOSA PASACHE. (Attachments: # 1 Civil Cover Sheet, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(ALLEN, MARIBEL) (Entered: 07/29/2026)

#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. (jml, ) (Entered: 07/29/2026)

Jul 29, 2026

Add and Terminate Judges

Jul 29, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 29, 2026

Notice of Judicial Preferences

Jul 29, 2026

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

Jul 29, 2026

Judge Georgette Castner added. (jml, )

#3

Jul 30, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Peru, alleges that he entered the United States without inspection in or about November 2022. (Id. Paras. 18-19.) Petitioner has established his residence in New Jersey, working as a handyman. (Id. Paras. 20-21.) "Petitioner has no misdemeanors, felonies, or convictions, and has no convictions involving violence, serious bodily injury, or weapons." (Id. Para. 23.) On July 27, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was buying lunch in Kearny, New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 22.) 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. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -4), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 07/30/2026. (pdm) (Entered: 07/30/2026)

Jul 30, 2026

Text Order

#4

Aug 01, 2026

Notice of Appearance

#5

Aug 01, 2026

Letter

#6

Aug 03, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner from its custody. (ECF No. 5 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 8/3/2026. (jmh) (Entered: 08/03/2026)

Aug 03, 2026

Order of Dismissal