District of New Jersey • 2:26-cv-07902

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17595978.), filed by MELFI GARCIA VIRULA. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 06/29/2026)

#2

Jun 29, 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 6/29/2026. (jml, ) (Entered: 06/29/2026)

Jun 29, 2026

Judge Jamel K. Semper added. (jml, )

Jun 29, 2026

Add and Terminate Judges

Jun 29, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 30, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Melfi Garcia Virula ("Petitioner"), a native and citizen of Guatemala, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner entered the United States without inspection in or about May 2019 and has resided here since. Petitioner alleges he was apprehended by immigration authorities upon entry, placed into removal proceedings, and released from immigration custody pending resolution of those proceedings. Petitioner further alleges that he has complied with the conditions of his release and remains in ongoing removal proceedings before the Newark Immigration Court, with a Master Calendar Hearing scheduled for December 15, 2026. Petitioner alleges that ICE arrested him on or about June 26, 2026 despite his longstanding compliance with his immigration proceedings and the absence of any change in circumstances. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because he was apprehended within 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). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by July 8, 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 6/30/2026. (sms) (Entered: 06/30/2026)

Jun 30, 2026

Order to Answer

#4

Jul 08, 2026

Notice of Appearance

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Jul 08, 2026

Letter

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Jul 11, 2026

Letter

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Jul 17, 2026

Order of Dismissal

#8

Jul 18, 2026

Letter

#9

Jul 27, 2026

TEXT ORDER: This matter having come before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and Respondents having filed a letter advising that Petitioner has been released from immigration detention (ECF No. 8) in accordance with the Court's July 17, 2026 Order (ECF No. 7), and the Court having reviewed the record and determined that the relief ordered has been provided, it is ORDERED that this matter is hereby CLOSED. So Ordered by Judge Jamel K. Semper on 7/27/2026. (sms) (Entered: 07/27/2026)

Jul 27, 2026

Text Order