District of New Jersey • 2:26-cv-07842

#1

Jun 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17590202.), filed by LUIS REINALDO GUNCAI CAJAMARKA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/26/2026)

#2

Jun 26, 2026

Emergency MOTION for Temporary Restraining Order by LUIS REINALDO GUNCAI CAJAMARKA. (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 Madeline Cox Arleo added. (jml, )

Jun 26, 2026

Add and Terminate Judges

Jun 26, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 20, 2026

TEXT ORDER- Petitioner LUIS REINALDO GUNCAI CAJAMARKA is a citizen of Ecuador has resided in the United States for more than 10 years and allegedly has terminal cancer. (ECF No. 1, Petition at 19-24.) He was recently detained by ICE, and it appears that he has been denied the opportunity for bond. (Id. at 38.) The Petition also states that Petitioner does not have a final order of removal and has a pending application for humanitarian parole (id. at 18, 21) but does not provide any facts about his criminal history. Based on these 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 has a significant criminal history that he has not disclosed or that the case is otherwise factually or legally distinguishable, they shall file an expedited answer within three (3) business days. If Respondents file an expedited answer, they must include all medical records in their possession for Petitioner and address his claim that he is being provided with inadequate medical care. 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. 3 shall remain in effect while this matter is pending and the TRO Motion at ECF No. 2 shall be terminated considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 7/20/2026. (aa, ) (Entered: 07/20/2026)

Jul 20, 2026

Order

#5

Jul 21, 2026

Notice of Appearance

#6

Jul 21, 2026

Letter

#7

Jul 22, 2026

Order

Jul 22, 2026

Terminate Civil Case