District of New Jersey • 3:26-cv-09828

#1

Aug 04, 2026

First PETITION for Writ of Habeas Corpus V LUIS SOTO ET AL. ( Filing fee $ 5 receipt number ANJDC-17754932.), filed by MAYCOL ARNULFO ESPANA RAXJAL. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 08/04/2026)

#2

Aug 04, 2026

First MOTION for Temporary Restraining Order V LUIS SOTO ET AL. by MAYCOL ARNULFO ESPANA RAXJAL. (DUQUE-ISERN, STEPHANIE) (Entered: 08/04/2026)

#3

Aug 04, 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 8/4/26. (jbb) (Entered: 08/04/2026)

Aug 04, 2026

Judge Georgette Castner added. (jbb)

Aug 04, 2026

Notice of Judicial Preferences

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

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

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Aug 06, 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 Guatemala, alleges that he entered the United States on April 21, 2024, through Sasabe, Arizona, at age sixteen. (Id. Para. 20.) Petitioner has resided in the United States since his entry and financially contributes to his family by working in landscaping. (Id. (further alleging that Petitioner attends English classes every Sunday).) Petitioner has no criminal history. (Id. Para. 22.) Because the Notice to Appear was defective, Petitioner was unaware of a July 24, 2026 immigration court hearing, and his counsel is preparing a Motion to Reopen. (Id. Para. 21.) On or about July 31, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was working at a job site in Englewood, New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 10, 21.) 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 has misrepresented his criminal history, they shall file a letter 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' letter. Petitioner's motion (Motion) for a temporary restraining order (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2 . The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (ECF No. 1 -1), the Motion (ECF No. 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 8/6/2026. (jmh) (Entered: 08/06/2026)

Aug 06, 2026

Docket Annotation (public)

Aug 06, 2026

4 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 8/6/2026. (jmh)

Aug 06, 2026

Text Order AND ~Util - Terminate Motions

#5

Aug 07, 2026

Expedited RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID VENTURELLA. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - Removal Order, # 3 Exhibit C - Form I-205 Warrant for Removal)(HERIC, JACOB) (Entered: 08/07/2026)

#6

Aug 11, 2026

Letter from Petitioner replying to Respondent's Answer re 5 Response to Habeas Petition,. (DUQUE-ISERN, STEPHANIE) (Entered: 08/11/2026)

#7

Aug 21, 2026

Letter from Petitioner regarding Grant of Motion to Reopen. (DUQUE-ISERN, STEPHANIE) (Entered: 08/21/2026)

#8

Aug 24, 2026

TEXT ORDER: This matter is before the Court on Petitioner's letter (Letter) advising the Court that Petitioner's motion to reopen was granted and, as a result, "[t]he July 24, 2026 in absentia removal order upon which Respondents relied no longer constitutes the operative basis for treating Petitioner as subject to a final order of removal." (ECF No. 7 at 1-2.) Within three (3) days of the date of entry of this Text Order, Respondents shall file a letter response to Petitioner's Letter. So Ordered by Judge Georgette Castner on 8/24/2026. (jmh) (Entered: 08/24/2026)

Aug 24, 2026

Text Order

#9

Aug 27, 2026

Letter from Respondents Regarding Detention Authority in Light of Motion to Reopen. (HERIC, JACOB) (Entered: 08/27/2026)

#10

Aug 30, 2026

TEXT ORDER: This matter is before the Court on Respondents' August 27, 2026 letter (August 27, 2026 Letter) (ECF No. 9), filed pursuant to this Court's August 24, 2026 Letter Order, which required Respondents to file a response to Petitioner's letter advising the Court that Petitioner's motion to reopen was granted and, as a result, "[t]he July 24, 2026 in absentia removal order upon which Respondents relied no longer constitutes the operative basis for treating Petitioner as subject to a final order of removal." (ECF No. 8 (quoting ECF No. 7 at 1-2).) In their August 27, 2026 Letter, Respondents concede that, because the removal proceedings have been reopened, Petitioner is no longer subject to a final order of removal. (ECF No. 9 at 1.) "ICE informs [the United States Attorney's] Office that Petitioner is now detained subject to 8 U.S.C. § 1225(b)(2)." (Id.) In its August 6, 2026 Letter Order, based on the allegations in the petition (Petition) for a writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1), including the allegation that Petitioner has no criminal history, and recent case law, this Court held 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." (ECF No. 4 (citations omitted).) The Court concluded that, "[m]oreover, 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.'" (Id. (citations omitted).) Given Respondents' assertion that Petitioner is subject to mandatory detention under § 1225(b)(2), the Court again holds that Petitioner, in fact, is subject to detention under § 1226(a), Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the immigration statute and the Fifth Amendment, and the Court will not correct this unlawful detention under the wrong statutory provision by converting Petitioner's detention to a potentially lawful alternative under a different provision. Accordingly, the Court GRANTS the Petition (ECF No. 1) and ORDERS that, within twenty-four (24) 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. So Ordered by Judge Georgette Castner on 8/29/2026. (jml, ) (Entered: 08/30/2026)

Aug 30, 2026

Text Order

Aug 30, 2026

***Civil Case Terminated. (jml, )

Aug 30, 2026

Terminate Civil Case

#11

Aug 31, 2026

Letter from Respondents Confirming Petitioner's Release. (HERIC, JACOB) (Entered: 08/31/2026)

#12

Sep 01, 2026

TEXT ORDER: The Court previously ordered that Respondents release Petitioner. (ECF No. 10 .) Petitioner has now been released. (ECF No. 11 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 9/01/2026. (jmh) (Entered: 09/01/2026)

Sep 01, 2026

Order