District of New Jersey • 2:26-cv-07768

#1

Jun 25, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17584749.), filed by Johan Ferney RINCON VILLAMIL. (Attachments: # 1 Brief)(CURBELO, CAROLINA) (Entered: 06/26/2026)

#2

Jun 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17584784.), filed by Johan Ferney RINCON VILLAMIL. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 06/26/2026)

#3

Jun 26, 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 6/26/26. (tjg, ) (Entered: 06/26/2026)

Jun 26, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 26, 2026

Case Assigned/Reassigned

Jun 26, 2026

Case assigned to Judge Evelyn Padin. (tjg, )

#4

Jun 28, 2026

TEXT ORDER: Petitioner Johan Ferney Rincon Villamil filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b), D.E. 2 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within three days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within three days of this order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 6/28/2026. (bt) (Entered: 06/28/2026)

Jun 28, 2026

Text Order

#5

Jul 01, 2026

Notice of Appearance

#6

Jul 01, 2026

Letter

#7

Jul 07, 2026

TEXT ORDER: On June 28, 2026, the Court ordered Respondents to file an expedited answer to Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 or, alternatively, to release Petitioner from unlawful mandatory detention without a bond hearing. D.E. [4 ] ("June 28, 2026 Text Order"). Respondents filed an expedited answer on July 1, 2026, D.E. 6 ("Answer"). Respondents submit that Petitioner has a criminal history and failed to comply with immigration check-in requirements on fourteen occasions; therefore, the appropriate remedy for unlawful detention under 8 U.S.C. § 1226(a) is to grant a bond hearing. Answer at 1. "[T]he habeas court must have the power to order the conditional release of an individual unlawfully detained--though release need not be the exclusive remedy and is not the appropriate one in every case in which the writ is granted." Boumediene v. Bush, 553 U.S. 723, 779 (2008), judgment entered, No. 07A1011, 2008 WL 11579668 (U.S. June 19, 2008). Under the circumstances present here, the Court agrees that the appropriate remedy in this case is to order Respondents to provide Petitioner with a bond hearing, as required by the statute under which Petitioner is detained. Therefore, it is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within seven days of this Order, provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within three days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Evelyn Padin on 7/7/2026. (bt) (Entered: 07/07/2026)

Jul 07, 2026

Text Order

#8

Jul 15, 2026

Letter

Jul 16, 2026

Order of Dismissal AND Text Order