District of New Jersey • 2:26-cv-07075

#1

Jun 13, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17537299.), filed by MERLHYN JOE CONCHUCOS TORRES. (Attachments: # 1 Exhibit Petitioner's Pending Legal Permanent Residency Applications, Various Good Moral Character Letters & Other Proof of Petitioner's Positive Equities, # 2 Exhibit Citation From the NJ Assembly Honoring Petitioner, # 3 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 06/13/2026)

#2

Jun 13, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by MERLHYN JOE CONCHUCOS TORRES. (KAPITONOV, PETER) (Entered: 06/13/2026)

#3

Jun 14, 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 6/14/2026. (jml, ) (Entered: 06/14/2026)

Jun 14, 2026

Judge Jamel K. Semper added. (jml, )

Jun 14, 2026

Add and Terminate Judges

Jun 14, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 15, 2026

Amended PETITION for Writ of Habeas Corpus, filed by MERLHYN JOE CONCHUCOS TORRES.(KAPITONOV, PETER) (Entered: 06/15/2026)

Jun 15, 2026

QC - Electronic Signature Does Not Match E-filer

Jun 15, 2026

CLERK'S QUALITY CONTROL MESSAGE - The EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS submitted by PETER KAPITONOV on 6/13/2026 contains a signature of another attorney at MUSA-OBREGON & ASSOCIATES. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE of attorney representing petitioner. This submission will remain on the docket unless otherwise ordered by the court. (gev)

#5

Jun 17, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Merlhyn Joe Conchucos Torres, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Peru who entered the United States on or about June 13, 2000, without inspection, and thereafter filed two I-130 petitions and a Military Parole in Place request, which remain pending. Petitioner alleges that he has no criminal history. Petitioner further alleges that ICE arrested him on June 6, 2026, and that his continued detention violates the Fifth Amendment, the Fourth Amendment, the Immigration and Nationality Act, and the Accardi Doctrine. (Id.) The Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by June 24, 2026 setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 6/17/2026. (sms) (Entered: 06/17/2026)

Jun 17, 2026

Order to Answer

#6

Jun 18, 2026

NOTICE of Appearance by JOSHUA MICHAEL CARMEL on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (CARMEL, JOSHUA) (Entered: 06/18/2026)

#7

Jun 24, 2026

RESPONSE re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit 1 - June 13, 2000, Form I-213, # 2 Exhibit 2 - June 6, 2026, Form I-213, # 3 Exhibit 3 - June 13, 2000, Form I-867A, # 4 Exhibit 4 - June 13, 2000, Notice and Order of Removal, # 5 Exhibit 5 - June 13, 2000, Form I-296, # 6 Exhibit 6 - Colon Declaration, # 7 Exhibit 7 - June 6, 2026, Form I-205, # 8 Exhibit 8 - June 18, 2026, Form I-871)(CARMEL, JOSHUA) (Entered: 06/24/2026)

#8

Aug 27, 2026

Letter to the court from MERLHYN CONCHUCOS TORRES. (lag, ) (Entered: 08/28/2026)

#10

Aug 28, 2026

MOTION & Exhibits in support of approval of Habeas Application for relaese by MERLHYN JOE CONCHUCOS TORRES. (lag, ) (Entered: 09/04/2026)

#9

Sep 03, 2026

TEXT ORDER: The Court has reviewed Petitioner's Letter. (ECF No. 8.) Respondents shall file a supplemental response, supported by appropriate declarations and documentary evidence, addressing: (1) the statutory basis for Petitioner's detention, including whether Respondents rely on 8 U.S.C. § 1231(a), the date the ninety-day removal period commenced, whether it has expired, and any claimed extension under § 1231(a)(1)(C); (2) any ICE custody review, including the determination, supporting materials, procedures followed, and notice provided to Petitioner, or, if none occurred, the reason and anticipated date; (3) Petitioner's July 6 assault allegations, including any investigation and any available video, incident, medical, or disciplinary records; (4) Petitioner's medical allegations, including his evaluation, treatment, any medical prescription for bottled water, and current compliance with prescribed treatment; (5) Petitioner's segregation and disciplinary allegations, including the charge, hearing, disposition, sanction, applicable policy, and whether the sanction has been completed; (6) Petitioner's allegations concerning inadequate access to the law library, copying, and other resources necessary for his immigration proceedings; (7) any contention that these allegations are not cognizable under 28 U.S.C. § 2241, identifying the specific claims and explaining why; and (8) Petitioner's current detention location and immigration status, whether a final order of removal remains outstanding, whether any proceeding presently prevents removal, and whether a removal date is scheduled. Respondents shall file their supplemental response within 7 days of entry of this Order. Petitioner may reply within 3 days thereafter. So Ordered by Judge Jamel K. Semper on 9/3/2026. (sms) (Entered: 09/03/2026)

Sep 03, 2026

Text Order

Sep 04, 2026

Set Deadlines as to 10 MOTION. Motion set for 9/21/2026 before Judge Jamel K. Semper. 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. (lag, )

Sep 04, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#11

Sep 09, 2026

First MOTION for Extension of Time to File Response/Reply as to 8 Letter (with Consent) by TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS. (CARMEL, JOSHUA) (Entered: 09/09/2026)

Sep 09, 2026

Set Deadlines as to 11 First MOTION for Extension of Time to File Response/Reply as to 8 Letter (with Consent). Motion set for 10/5/2026 before Judge Jamel K. Semper. 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. (adc, )

Sep 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Sep 10, 2026

TEXT ORDER: Respondents' Request for an Extension of Time to file a supplemental response to Petitioner's submissions filed August 27 and August 28, 2026 (ECF Nos. 8 and 10), is GRANTED. Respondents explain that they are in the process of obtaining Petitioner's medical records, while separating claims that are specific to the Petitioner from those specific to other unrelated individuals identified in Petitioner's submissions before preparing a substantive supplemental response. The Court finds that the requested extension is reasonable and warranted. Accordingly, Respondents shall have until September 17, 2026 to file and serve their supplemental response. Petitioner may reply, if necessary, within three (3) days of Respondents' supplemental response. The Court expects the parties to adhere to the foregoing deadlines absent further Order of the Court. So Ordered by Judge Jamel K. Semper on 9/10/2026. (sms) (Entered: 09/10/2026)

Sep 10, 2026

Order on Motion for Miscellaneous Relief

#13

Sep 14, 2026

Letter

#14

Sep 17, 2026

Letter

#15

Sep 21, 2026

Letter

#16

Sep 22, 2026

Order

#17

Sep 22, 2026

Letter