District of New Jersey • 3:26-cv-09591

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Jul 30, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17730370.), filed by JUAN O PEDRAZA MARQUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(CANDIA, WILLIAM) (Entered: 07/30/2026)

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Jul 30, 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 7/30/26. (jbb) (Entered: 07/30/2026)

Jul 30, 2026

Judge Georgette Castner added. (jbb)

Jul 30, 2026

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

Jul 30, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 30, 2026

Notice of Judicial Preferences

Jul 30, 2026

Add and Terminate Judges

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Jul 31, 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 Mexico, entered the United States near the border without being apprehended on or about August 2013. (Id. Paras. 11, 17.) "Since August 2013, the petitioner has built a life in New Jersey, where he has family, friends, steady employment, and a fixed address." (Id. Para. 18.) According to Petitioner, he does not have "a single criminal conviction" in either the United States or Mexico. (Id. Para. 19.) However, Petitioner admits that, on August 27, 2023, he was arrested by law enforcement from Old Bridge, New Jersey, and pled guilty on October 16, 2024 to refusing to submit to a breathalyzer test, which is a traffic violation under NJSA 39:4-50, and to disorderly conduct, a municipal town violation under 342.3. (Id.) On July 21, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was parking his vehicle in Elizabeth, New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 20.) 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). The Court thus GRANTS the Petition (ECF No. 1 ). Given his prior violations, the Court concludes that, in accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, 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 A Petition (ECF No. 1 ), the attachments to the Amended Petition (ECF Nos 1 -1 & 1 -2), 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 7/31/2026. (ijf) (Entered: 07/31/2026)

Jul 31, 2026

Text Order