District of New Jersey • 2:26-cv-07978

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Jun 30, 2026

PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief ( Filing fee $ 5 receipt number ANJDC-17602829.), filed by MAGDALENO HERRERA CUAUTLE. (Attachments: # 1 Civil Cover Sheet JS-44, # 2 Exhibit A, Detention Information, # 3 Exhibit B, EAD, # 4 Exhibit C, Order of Dismissal, # 5 Exhibit D, Family Ties)(MAKABI, PERHAM) (Entered: 06/30/2026)

Jun 30, 2026

Case Assigned to Judge Katharine S. Hayden. (ps)

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Jul 01, 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 7/1/2026. (ps) (Entered: 07/01/2026)

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 02, 2026

TEXT ORDER: Petitioner is a citizen of Mexico who allegedly entered the United States in 2001 and has four United States citizen children; although he has an arrest from 2005 for tampering with records, he has provided evidence that the charge was subsequently dismissed. (ECF No. 1, Petition at 26-31; ECF No. 1-4 (Order of Dismissal).) He is in removal proceedings and was arrested by Immigration and Customs Enforcement ("ICE") on June 30, 2026, (id.), and contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). 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 GRANTS the Petition. Although Petitioner concedes he has a distant criminal history, the Court finds that release is the appropriate remedy given his deep ties in the United States and the fact that the charge was dismissed years ago. It is ORDERED that Respondents shall release Petitioner within 24 hours 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, or that he has misrepresented his criminal history, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/2/2026. (mw) (Entered: 07/02/2026)

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Jul 02, 2026

Certificate of Service

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Jul 02, 2026

Notice of Appearance

#6

Jul 02, 2026

Letter

Jul 02, 2026

Order

Jul 09, 2026

Terminate Civil Case

Jul 09, 2026

Order