District of New Jersey • 2:26-cv-07833

#1

Jun 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17589814.), filed by JOSE IGNACIO MACHAGUIZA-PULLUTASIG. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/26/2026)

#2

Jun 26, 2026

Emergency MOTION for Temporary Restraining Order by JOSE IGNACIO MACHAGUIZA-PULLUTASIG. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (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 6/26/2026. (jml, ) (Entered: 06/26/2026)

Jun 26, 2026

Judge Katharine S. Hayden added. (jml, )

Jun 26, 2026

Add and Terminate Judges

Jun 26, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 16, 2026

TEXT ORDER: Petitioner Jose Ignacio Machaguiza-Pullutasig is a citizen of Ecuador who alleges that he entered the United States without inspection or parole in 2015. (ECF No. 1, Petition at 4.) Petitioner was placed in removal proceedings in the past, but those proceedings were administratively dismissed, and Petitioner remained at liberty for years following the original Notice to Appear for removal proceedings. (Id. at 5.) He alleges that he has no criminal history. (Petition at 2, 6.) Petitioner has significant ties to the United States, including a U.S. citizen child. (Id. at 2, 5.) He was arrested by Immigration and Customs Enforcement ("ICE") on June 23, 2026, while traveling to work. (Id. at 2.) He contends that he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 2, 6-8.) Along with his Petition, Petitioner filed an emergency motion for temporary restraining order and order to show cause, ECF No. 2 ("TRO Motion"), seeking to enjoin his transfer outside New Jersey while this proceeding is pending and for an expedited resolution of his Petition. In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner by 5:00 p.m. on July 17, 2026, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer by 5:00 p.m. on July 17, 2026, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, the Motion for TRO, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/16/26. (cm, ) (Entered: 07/16/2026)

Jul 16, 2026

Order

#5

Jul 17, 2026

Notice of Appearance

#6

Jul 17, 2026

Letter

#7

Jul 21, 2026

Letter

#8

Aug 04, 2026

Letter from Petitioner re 4 Order,,,,,,,,,,,. (MONTERO, FRANKLIN) (Entered: 08/04/2026)

#9

Aug 05, 2026

TEXT ORDER:This matter comes before the Court upon Petitioner JOSE IGNACIO MACHAGUIZA-PULLUTASIG's Petition (ECF No. 1), Respondents' Answer (ECF No. 6) and Petitioner's Reply (7). Petitioner is a citizen of Ecuador who alleges that he entered the United States without inspection or parole in 2015. (ECF No. 1, Petition at 4.) Petitioner was placed in removal proceedings in the past, but those proceedings were administratively dismissed, and Petitioner remained at liberty for years following the original Notice to Appear for removal proceedings. (Id. at 5.) Pursuant to Flores v. Rokosky, No. 25-18998 (GC), 2026 WL 84434 (D.N.J. Jan. 12, 2026) (rejecting argument that petitioner was mandatorily detained under § 1225(b)(1) where respondents did not show petitioner was paroled under 8 U.S.C. s. 1182(d)(5)), and other district court decisions in this district interpreting 8 U.S.C. s. 1225(b)(1), including Morocho v. Soto, No. 25-17603, 2026 WL 63747, at *2-3 (D.N.J. Jan. 8, 2026) (rejecting argument that a previously released petitioner was lawfully detained under § 1225(b)(1)); Ramirez v. Soto, 2026 U.S. Dist. LEXIS 69526 (D.J. Mar. 31, 2026) (where I-213 failed to establish the nature of the prior release, respondents failed to support § 1225(b)(1) mandatory detention). Petitioner is not an arriving alien who is subject to mandatory detention under Section 1225(b)(1). The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman v. Bondi, 2026 WL 1534682, at *5 (D.N.J. June 1, 2026). It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm his release in writing on the docket within three (3) days. So Ordered by Judge Katharine S. Hayden on 8/5/26. (cm, ) (Entered: 08/05/2026)

Aug 05, 2026

Order