District of New Jersey • 2:26-cv-10786

HERNANDEZ GONZALEZ v. GRIMES

Completed

Case Information

Filed: August 23, 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: September 01, 2026
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 23, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17842008.), filed by JUAN HERNANDEZ GONZALEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 08/23/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 23, 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 8/23/2026. (jml, ) (Entered: 08/23/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 23, 2026
Judge Julien Xavier Neals added. (jml, )
Aug 23, 2026
Add and Terminate Judges
#3
Aug 26, 2026
NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of TODD BLANCHE, HELEN GRIMES, MARKWAYNE MULLIN, RUBEN PEREZ, DAVID VENTURELLA (GONZALEZ, ALICIA) (Entered: 08/26/2026)
Main Document: Notice of Appearance
#4
Aug 26, 2026
Letter from United States Attorney's Office Petitioner's Criminal History re 2 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit RAP Sheet)(GONZALEZ, ALICIA) (Entered: 08/26/2026)
Main Document: Letter
#5
Aug 28, 2026
TEXT ORDER - Before the Court is Petitioner Juan Hernandez Gonzalez'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 entered the United States approximately twenty-eight years ago and 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 id.) Respondents filed a letter informing the Court that in 2017 Petitioner charged with Simple Assault. (See ECF No. 4 .) However, Petitioner's simple assault charge from 2017 does not serve as the basis for Petitioner's detention. Respondents submit that Petitioner is detained under 8 U.S.C. § 1225(b)(2). (Id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and 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)(1) or (b)(2), as Petitioner entered the country years ago and has been detained on the interior of the country. As such, Petitioner's continued detention under that statute is unlawful. 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 Petitioner 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) which the Court has found in inapplicable to Petitioner. 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 Petitioner's 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 Julien Xavier Neals on 8/28/2026. (kd) (Entered: 08/28/2026)
Aug 28, 2026
Text Order
#6
Aug 31, 2026
Letter from United States Attorney's Office Petitioner's Release re 5 Text Order,,,,,,,,,,. (GONZALEZ, ALICIA) (Entered: 08/31/2026)
Main Document: Letter
#7
Sep 01, 2026
TEXT ORDER - Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 6 .) Accordingly, the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 9/1/2026. (kd) (Entered: 09/01/2026)
Sep 01, 2026
***Civil Case Terminated. (wh)
Sep 01, 2026
Text Order
Sep 02, 2026
Terminate Civil Case

Parties

GRIMES
Party
HERNANDEZ GONZALEZ
Party