District of New Jersey • 2:26-cv-10246

#1

Aug 13, 2026

First PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 ( Filing fee $ 5 receipt number ANJDC-17795817.), filed by ALEJANDRO SANCHEZ SANCHEZ. (Attachments: # 1 Text of Proposed Order HABEAS PROPOSED ORDER, # 2 Certification NITA KUNDANMAL CERTIFICATION, # 3 Declaration PATRICIA EDMEAD DECLARATION)(KUNDANMAL, NITA) (Entered: 08/13/2026)

#2

Aug 13, 2026

NOTICE of Appearance by NITA KUNDANMAL on behalf of ALEJANDRO SANCHEZ SANCHEZ (KUNDANMAL, NITA) (Entered: 08/13/2026)

#3

Aug 13, 2026

First MOTION for Temporary Restraining Order by ALEJANDRO SANCHEZ SANCHEZ. (Attachments: # 1 Text of Proposed Order OTSC)(KUNDANMAL, NITA) (Entered: 08/13/2026)

#4

Aug 13, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 8/13/26. (jbb) (Entered: 08/13/2026)

#5

Aug 13, 2026

Letter from JS-44 COVER SHEET. (KUNDANMAL, NITA) (Entered: 08/13/2026)

#6

Aug 13, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus, Exhibit A for Declaration of Patricia Edmead by ALEJANDRO SANCHEZ SANCHEZ. (KUNDANMAL, NITA) (Entered: 08/13/2026)

Aug 13, 2026

Judge Brian R. Martinotti added. (jbb)

Aug 13, 2026

Add and Terminate Judges

#7

Aug 17, 2026

NOTICE of Appearance by STEVEN MILLER on behalf of MARKWAYNE MULLIN, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DAVID VENTURELLA, WARDEN, ARTHUR J WILSON, JR (MILLER, STEVEN) (Entered: 08/17/2026)

#8

Aug 17, 2026

Letter from Respondents Requesting Extension of Time to Respond. (MILLER, STEVEN) (Entered: 08/17/2026)

#9

Aug 18, 2026

LETTER ORDER granting request for extension of time until 8/21/2026 for Respondents to respond to petition. Signed by Judge Brian R. Martinotti on 8/18/2026. (mlh) (Entered: 08/18/2026)

#10

Aug 21, 2026

Letter from Respondents Regarding Petitioner's Criminal History. (Attachments: # 1 Exhibit RAP Sheet)(MILLER, STEVEN) (Entered: 08/21/2026)

#11

Aug 24, 2026

TEXT ORDER: Before the Court is Respondents' expedited answer, arguing that Petitioner is detained under 8 U.S.C. 1225 and informing the Court of Petitioner's criminal history. (See ECF No. 10.) Respondents submit that in September 2001, Petitioner was arrested on charges, including possession of marijuana, possession with intent to sell and deliver, and manufacture of marijuana. (Id. at 1.) Petitioner was sentenced in March 2002 to five to six months confinement. (Id.) In July 2000, Petitioner was arrested for shoplifting, and those charges were ultimately dismissed. (Id.) Respondents submit that Petitioner is being detained under 8 U.S.C. § 1225. (Id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225. 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 which the Court has found in inapplicable to him. And 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 her 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 the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/24/2026. (lr, ) (Entered: 08/24/2026)

Aug 24, 2026

***Civil Case Terminated. (wh)

Aug 24, 2026

Terminate Civil Case

Aug 24, 2026

Text Order

#12

Aug 27, 2026

Letter from Respondents Updating Court Regarding Petitioner's Release. (MILLER, STEVEN) (Entered: 08/27/2026)