Washington Murillo-Castillo v. Jonathan Florentino, et al.

CourtDistrict Court, D. New Jersey
DecidedMay 18, 2026
Docket2:25-cv-16728
StatusUnknown

This text of Washington Murillo-Castillo v. Jonathan Florentino, et al. (Washington Murillo-Castillo v. Jonathan Florentino, et al.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington Murillo-Castillo v. Jonathan Florentino, et al., (D.N.J. 2026).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

WASHINGTON MURILLO- Civil Action No. 25-16728 (MCA) CASTILLO,

Petitioner, MEMORANDUM OPINION v.

JONATHAN FLORENTINO, et al.,

Respondents.

This matter comes before the Court on a Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, in which Petitioner Washington Murillo-Castillo challenges his mandatory detention without bond by immigration authorities. At issue in this habeas proceeding is whether Petitioner may be lawfully detained under 8 U.S.C. § 1225(b)(1) after he was arrested in the interior of the United States following a period of parole under 8 U.S.C. § 1182(d)(5)(A). For the reasons explained below, the Court finds that Petitioner is unlawfully detained under § 1225(b)(1), GRANTS the Petition on that basis, and orders Respondents to release Petitioner from detention within 24 hours. The Court dismisses the Amended Petition and motions for temporary injunctive relief as moot in light of the relief provided. I. RELEVANT BACKGROUND & PROCEDURAL HISTORY Petitioner is a 38-year-old citizen and national of Ecuador. (ECF No. 1, Petition at ¶ 1.) “On or about October 13, 2022, [Petitioner] was encountered by Customs and Border Protection (“CBP”) in Laredo, Texas. After stating that he would be harmed if returned to Ecuador, he was processed and traveled to New Jersey.” (Petition at ¶ 4.) Department of Homeland Security records submitted by Respondent indicate that Petitioner entered the United States on or about October 13, 2022, at or near, the Rio Grande City, Texas border without inspection. On this same date, the U.S. Border Patrol at The Eagle Pass, Texas Sector, encountered MURILLO-CASTILLO and served an I-860 and issued him an Expedited Removal with a Credible Fear Claim. On October 27, 2022, MURILLO-CASTILLO had a Credible Fear package submitted to USCIS. The Credible Fear Package was pending with USCIS. (ECF No. 1-8, Form I-213 at 2.) DHS records also indicate that Petitioner has no known criminal history, gang affiliation, or links to terrorist organizations. (Id.) DHS records show that Petitioner was released on parole pursuant to 8 U.S.C. § 1182(d)(5)(A) and that parole was authorized for a year, beginning on December 14, 2022. (ECF No. 6-7, Form 1-286 at 1.) It appears undisputed that Petitioner was not provided with a credible fear interview prior to being paroled. In 2023, Petitioner applied for asylum with USCIS. (ECF No. 1, Petition at ¶ 9). On June 12, 2025, USCIS dismissed Petitioner’s application pursuant to 8 C.F.R. § 208.30 because Petitioner remained subject to the credible fear screening process. (ECF No. 6-8, Form I-589 Dismissal Notice). On August 1, 2025, USCIS determined that Petitioner has a credible fear of persecution or torture if returned to Ecuador, and ICE issued a warrant for his arrest on that same date. (ECF No. 6-1, Form I-213 at 2); ECF No. 6-3, Form I-200); ECF No. 1, Petition at ¶¶ 2, 8, 9.) On that same day, USCIS filed a Notice to Appear with the immigration court, thereby commencing “removal proceedings under section 240 of the [INA].” (ECF No. 6-4, Notice to Appear; see also ECF No. 1, Petition at ¶ 2.) The Notice to Appear charged Petitioner with removability under INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), for being present in the United States without admission or parole, and INA § 212(a)(7)(A)(i)(I), 8 U.S.C. § 1182(a)(7)(A)(i)(I), for being an immigrant without valid documents. (ECF No. 6-4, NTA at 1 (“You are an alien present in the United States who has not been admitted or paroled.”).) The records contain no documents revoking Petitioner’s parole, which appears to have expired by the time he was taken into custody on or about August 1, 2025. Petitioner is currently detained at the Delaney Hall Detention Facility in Newark, New

Jersey. (ECF No. 1, Petition at ¶¶ 2, 4. On October 7, 2025, an immigration judge denied Petitioner requested custody redetermination (i.e., bond hearing) pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 6-5, IJ Order; ECF No. 1, Petition at ¶¶ 3, 9.) On December 3, 2025, an immigration judge pretermitted Petitioner’s asylum application and ordered Petitioner removed from the United States. (ECF No. 14, Dec. 3, 2025 Orders of the IJ; see also ECF No. 12, Amended Petition at ¶ 14, ECF No. 13-1, TRO Motion at at 4.) Petitioner appealed the immigration judge’s orders to the Board of Immigration Appeals (“BIA”) on December 27, 2025, and that appeal remains pending (ECF No. 14, Jan. 8, 2026 BIA Filing Receipt; see also ECF No. 12, Amended Petition at ¶ 15.) After the initial Petition was briefed, Petitioner filed a motion for a temporary restraining

order (“TRO”) (ECF No. 8), an amended petition (ECF No. 12), and a second TRO Motion (ECF No. 13). The Government provided a letter with updated authority (ECF No. 10) and a status update. (ECF No. 14.) The Court will decide the matter based on the parties’ current submissions and without additional briefing or argument. II. STANDARD OF REVIEW The Constitution guarantees that the writ of habeas corpus is available to every individual detained within the United States. Hamdi v. Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const. Art. I, § 9, cl. 2). District courts have the power to grant writs of habeas corpus. 28 U.S.C. § 2241(a). A district court’s authority includes jurisdiction to hear habeas challenges to immigration-related detention. Zadvydas v. Davis, 533 U.S. 678, 687 (2001). The burden is on petitioner to show that he is in custody in violation of the Constitution or federal law. 28 U.S.C. § 2241(c)(3); Walker v. Johnston, 312 U.S. 275, 286 (1941). III. DISCUSSION

The Court first addresses the threshold issue of whether immigration authorities paroled Petitioner under 8 U.S.C. § 1182(d)(5)(A).1 The Petition contends that he was released on recognizance and that his detention is governed by 8 U.S.C. § 1226(a) not 8 U.S.C. § 1225(b)(2), a provision of the INA that has been the subject of much litigation in this District.2 In their Answer, Respondents contend that Petitioner’s allegations are premised incorrectly on the view that ICE is detaining him under § 1225(b)(2) rather than under § 1225(b)(1). Respondents argue that Petitioner is properly detained under 8 U.S.C. § 1225(b)(1)(A)(iii) and is subject to mandatory detention until his removal proceedings conclude.

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