Cristian Ortiz Restrepo, a Colombian citizen who entered the U.S. without inspection at an unknown time, was arrested by ICE agents on February 16, 2026, and held in mandatory detention without an individualized bond hearing. Border Patrol had previously encountered Ortiz Restrepo in May 2023, issued him a Notice to Appear, and released him on his own recognizance.
U.S. District Judge Julien Xavier Neals found that Ortiz Restrepo 'cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole.' The judge relied on the court's recent decision in Fuentes Velasquez v. Noem, which rejected the government's interpretation that allows mandatory detention of noncitizens who entered without inspection but have lived in the U.S. for considerable periods.
The government had argued that the Department of Homeland Security implemented a new policy interpreting immigration law to require mandatory detention of such individuals, a position recently adopted by the Board of Immigration Appeals. However, Judge Neals rejected the government's suggestion that the court should convert the detention to a different legal framework, stating the court would not correct the government's 'unlawful application' by switching to 'potentially lawful alternate form under a different statute.'
The ruling continues a trend of New Jersey federal judges rejecting the government's expanded interpretation of mandatory detention authority. Judge Neals permanently enjoined authorities from detaining Ortiz Restrepo under the disputed statute and prohibited any arrest under alternative detention authority for 14 days following his release, ensuring 'full enforcement of this Court's judgment and prevent circumvention of the relief granted.'