District of New Jersey • 2:26-cv-06247

#1

May 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17475161.), filed by JULIO CESAR NUNEZ PAZ. (Attachments: # 1 Civil Cover Sheet j44 civil cover sheet)(CHOW, MARTIN) (Entered: 05/28/2026)

#2

May 28, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/28/2026. (jml, ) (Entered: 05/28/2026)

May 28, 2026

Judge Madeline Cox Arleo added. (jml, )

May 28, 2026

Emergent Immigration Habeas Non-transfer Order

May 28, 2026

Add and Terminate Judges

#3

May 29, 2026

MOTION for Order to Show Cause by JULIO CESAR NUNEZ PAZ. (Attachments: # 1 Declaration Attorney Declaration of Martin W Chow Esq, # 2 Exhibit Maldonado Bautista Order Dated Nov 20 2025, # 3 Exhibit Maldonado Bautista Decision and Order Dated Nov 25 2025, # 4 Exhibit Maldonado Bautista Decision and Order Dated Dec 18 2025, # 5 Exhibit Practice Advisory of Class Counsel, # 6 Exhibit Collection of Cases 1226(a) vs 1225(b)(2)(A), # 7 Exhibit July 8 2026 Todd Lyons Memo, # 8 Exhibit AILA Practice Alert - EOIR Memo, # 9 Exhibit Aff of Lawrence O Burman - Retired Former IJ, # 10 Exhibit I - Notice of Approval of Work Authorization, # 11 Text of Proposed Order Proposed Order Show Cause)(CHOW, MARTIN) (Entered: 05/29/2026)

Jun 01, 2026

Set Deadlines as to 3 MOTION for Order to Show Cause . Motion set for 7/6/2026 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld)

Jun 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#4

Jul 07, 2026

TEXT ORDER - Petitioner JULIO CESAR NUNEZ PAZ is a citizen of Mexico who has allegedly resided in the United States since 2000 and has no criminal history other than a violation of a municipal ordinance. (ECF No. 1, Petition at 47-48.) He was recently detained by ICE and has been denied the opportunity for bond. (Id. at 55-57.) Based on these facts and the Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is factually or legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 7/7/2026. (aa, ) (Entered: 07/07/2026)

Jul 07, 2026

Order

#5

Jul 08, 2026

Notice of Appearance

#6

Jul 08, 2026

Letter