Petitioner Belisario Mizhirumbay Juncal claims to be a member of the Maldonado Bautista class, which the court notes was certified in a separate California decision. The court construed the petition to allege unlawful detention under § 1225(b)(2).
Judge Christine P. O’Hearn ordered Respondents to file an answer by April 17, 2026, at 5:00 p.m. The response must address the legal authority for detention, procedural due process provided, and the status of any final order of removal.
Respondents must also provide details on the duration of detention, efforts to effectuate removal, and any criminal history relied upon for detention. The order requires submission of records from various federal and state databases, including USCIS’s Central Index System and the ENFORCE Alien Removal Module.
Alternatively, Respondents may release the Petitioner by the deadline. If they choose release, they are permanently enjoined from arresting or detaining the Petitioner under § 1225.
The release order specifies that the Petitioner must be released in New Jersey without additional conditions such as ankle monitors. Respondents must return all personal property seized at the time of arrest.
If Respondents elect release, they are barred from detaining the Petitioner under § 1226(a) for fourteen days. The court retains jurisdiction over any future re-arrest or re-detention efforts.
The Petitioner may move to reopen proceedings without filing a new habeas petition if re-detained. The court also noted the potential for attorneys’ fees under the Equal Access to Justice Act if the Petitioner is released.