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Habeas Corpus - Alien Detainee | New Jersey
Text Order
TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus. ECF No. 1. Petitioner alleges that he is being unlawfully detained under 8 U.S.C. § 1225. Id. at 4-7, 26, 42, 62-63. If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within 48 hours of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within 48 hours of entry of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 7/24/2026. (jl, )
QC - Generic Message
CLERK'S QUALITY CONTROL MESSAGE - Please disregard D.E. 6 Letter Order. It was filed in error. (cm, )
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