District of New Jersey • 2:26-cv-07545

#1

Jun 24, 2026

Petition for Writ of Habeas Corpus

#2

Jun 24, 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 6/24/2026. (mfr) (Entered: 06/24/2026)

Jun 24, 2026

QC - Attorney Case Opening

Jun 24, 2026

Case Assigned/Reassigned

Jun 24, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 24, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption: Parties must be named as they appear in the Petition; Cause of Action: Cause of action must be 28:2241 Petition for Writ of Habeas Corpus (Federal) for this type of case;Nature of Suit: Nature of Suit must be 463 for this type of case. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jun 24, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

#3

Jul 23, 2026

TEXT ORDER - Petitioner JOSE L. ATZ VASQUEZ is a citizen of Guatemala who allegedly entered the United States in 2007 and is purportedly detained under 8 U.S.C. § 1225(b), as a noncitizen who entered without inspection; he alleges that he has no criminal history in the United States or in Guatemala. (ECF No. 1, Petition at 11, 17-21.) On June 20, 2026, he was detained by ICE in the interior of the United States and has been denied the opportunity for bond. (Id.) Based on the alleged facts and the Court's decisions in Vasquez Lucero v. Soto, 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), 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) days, and Petitioner may file a reply within three (3) days of the answer. If Respondents do not file an expedited answer, they shall file a status report within three (3) 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 7/23/2026. (aa, ) (Entered: 07/23/2026)

Jul 23, 2026

Order

#4

Jul 25, 2026

Letter

#5

Jul 27, 2026

Order of Dismissal