District of New Jersey • 2:26-cv-07903

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Jun 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17596137.), filed by JENNER BYRON RAMIREZ GONZALEZ. (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)

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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 Esther Salas added. (jml, )

Jun 29, 2026

Add and Terminate Judges

Jun 29, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 02, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Guatemala, alleges that he entered the United States without inspection through the United States-Mexico border in or about 2924 and has continuously resided in this country since his entry. (Pet. Paras. 12-13). Petitioner has filed an asylum application, has been issued employment authorization, and has complied with all conditions imposed by the Department of Homeland Security and the Immigration Court. (Id. Para. 15). Petitioner is married to a United States citizen, has been gainfully employed as an Uber driver, and has consistently paid his federal income taxes. (Id. Paras. 17-18). In addition to assisting his mother, he provides substantial care and assistance to his brother, who suffers from significant cognitive and developmental impairments. (Id. Para. 20). Petitioner alleges that he has no criminal record, and, although he previously received a traffic citation, he attempted to pay the citation, was informed by the court that no record of the citation could be located, and the incident did not result in any criminal conviction. (Id. Para. 19). On or about June 25, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was walking near his residence, and he has been detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 21-22). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "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)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. Petitioner's request for an order to show cause, (D.E. No. 1 -3), is DENIED as moot. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -5), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/2/2026. (ek) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

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Jul 03, 2026

Notice of Appearance

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Jul 04, 2026

Response to Habeas Petition

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Jul 22, 2026

Letter