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Habeas Corpus - Alien Detainee | Texas Southern
Notice of Appearance
NOTICE of Appearance by Allison R. Edwards on behalf of Francisco Venegas, filed. (Edwards, Allison)
Habeas Corpus - Alien Detainee | New Jersey
Order
TEXT ORDER The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Jose Concepcion Castro Reyes, ("Petitioner") who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) Petitioner alleges that he is a native and citizen of Mexico who entered the United States without inspection in May of 2021 under a temporary work visa. Petitioner alleges that he has no criminal record. Petitioner further alleges that he was arrested by ICE on July 22, 2026, and that he is mandatorily detained without a bond hearing pursuant to 8 U.S.C. § 1225(b). Petitioner contends his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because he was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition within seven (7) days of this Order, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on 7/24/26. (nar)
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