District of New Jersey • 2:26-cv-08099

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number NEW TBD.), filed by JOSUE GEOVANY PALACIOS CALDERON. (Attachments: # 1 Exhibits, # 2 Declarations, # 3 Civil Cover Sheet, # 4 Cover Letter, # 5 Envelope) (ps) (Entered: 07/02/2026)

#2

Jul 02, 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 7/2/2026. (ps) (Entered: 07/02/2026)

Jul 02, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 20, 2026

TEXT ORDER - Petitioner JOSUE GEOVANY PALACIOS CALDERON is proceeding pro se with a Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is a citizen of El Salvador who has allegedly resided in the United States since 2021; he alleges that he has no criminal history and has deep family ties in the United States, as evidenced by the declarations of support attached to his Petition. (ECF No. 1, Petition at 1-3, ECF No. 1-2.) On June 26, 2026, he was detained by ICE and has been denied the opportunity for bond. (Id. at 2-3.) Based on the 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's case is factually or legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) business days, and Petitioner may file a reply within 7 days of his receipt of the same. 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. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 7/20/2026. (aa, ) (Entered: 07/20/2026)

#4

Jul 20, 2026

Notice of Appearance

#5

Jul 20, 2026

Letter

Jul 20, 2026

Order

#6

Jul 27, 2026

Order

Jul 27, 2026

Terminate Civil Case