District of New Jersey • 2:26-cv-10504

GOYTIA CRUZ v. WARDEN

Completed

Case Information

Filed: August 18, 2026
Assigned to: Julien Xavier Neals
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 24, 2026
Last Activity: August 26, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 18, 2026
PETITION for Writ of Habeas Corpus, filed by ABRAHAM GOYTIA CRUZ. (Attachments: # 1 Character References) (Received via ADS) (N/M)(vm) (Entered: 08/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Julien Xavier Neals on 8/18/2026. (N/M) (vm) (Entered: 08/18/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 19, 2026
Filing fee: $ 5, receipt number TRE150619. (mlh)
Aug 19, 2026
Filing Fee Received
#3
Aug 21, 2026
NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of WARDEN (ZARRILLO, BRIDGET) (Entered: 08/21/2026)
Main Document: Notice of Appearance
#4
Aug 21, 2026
RESPONSE to Petition for Writ of Habeas Corpus by WARDEN. (Attachments: # 1 Exhibit EX 1- RAP SHEET)(ZARRILLO, BRIDGET) (Entered: 08/21/2026)
Main Document: Response to Habeas Petition
#5
Aug 24, 2026
TEXT ORDER: Before the Court is Petitioner Abraham Goytia Cruz's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Petitioner, a native of Mexico who entered the United States in 1996, contends that Petitioner is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1.) Respondents filed a letter informing the Court that in 1997, Petitioner was charged with Taking by Means of Conveyance and Disorderly Conduct. (See ECF No. 4.) Respondents submit that Petitioner is detained under 8 U.S.C. § 1225(b)(2). (Id.) Based on this Court's statutory interpretation 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)(2), as Petitioner has resided in the country and was detained years later on the interior of the country. As such, Petitioner's continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained Petitioner under § 1225(b). 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)(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, 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 Julien Xavier Neals on 08/24/2026. (ftm) (Entered: 08/24/2026)
Aug 24, 2026
***Civil Case Terminated. (wh)
Aug 24, 2026
Terminate Civil Case
Aug 24, 2026
Text Order
#6
Aug 26, 2026
Letter from Respondents informing the Court of Petitioner's release. (ZARRILLO, BRIDGET) (Entered: 08/26/2026)
Main Document: Letter

Parties

GOYTIA CRUZ
Party
WARDEN
Party