District of New Jersey • 2:26-cv-08116

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus, filed by IVAN DE LOS RIOS JEREZ. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheet). Received via ADS (ps). (Entered: 07/02/2026)

#2

Jul 02, 2026

MOTION for Temporary Restraining Order by IVAN DE LOS RIOS JEREZ. (Attachments: # 1 Proposed Order) (ps) (Entered: 07/02/2026)

#3

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

Jul 08, 2026

Filing Fee Received

Jul 08, 2026

Filing fee: $ 5, receipt number NEW54474 (vm)

#4

Jul 09, 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, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a citizen of Colombia who entered the United States without inspection in 2022, and has resided here since. Petitioner alleges that he has no criminal history. Petitioner further alleges that he has a pending application for Asylum and Withholding of Removal and valid work authorization. Petitioner alleges that on June 30, 2026, Petitioner was arrested by United States Immigration and Customs Enforcement and transported to the Delaney Hall Detention Facility, where he remains detained. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act and 8 U.S.C. § 1357(A)(2). (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 16, 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 7/9/2026. (sms) (Entered: 07/09/2026)

Jul 09, 2026

Order to Answer

#5

Jul 13, 2026

Notice of Appearance

#6

Jul 15, 2026

Letter

#7

Jul 16, 2026

TEXT ORDER: The Court has reviewed Respondents' Answer to the Petition for a Writ of Habeas Corpus. (ECF No. 6.) Respondents represent that Petitioner is detained pursuant to 8 U.S.C. § 1226(a), has requested review of ICE's custody determination, and that a custody redetermination hearing before an Immigration Judge is scheduled for July 16, 2026. In light of these representations, IT IS on this 16th day of July, 2026, ORDERED that Respondents shall file a status letter within forty-eight (48) hours after the Immigration Judge issues a custody determination advising the Court of the outcome of the hearing, including whether bond was granted or denied, the amount of any bond set, and whether Petitioner remains in ICE custody. The Court will determine what further action, if any, is appropriate after reviewing the parties' submissions. So Ordered by Judge Jamel K. Semper on 7/16/2026. (sms) (Entered: 07/16/2026)

Jul 16, 2026

Text Order

#8

Jul 17, 2026

Letter

#9

Jul 21, 2026

Letter

#10

Jul 24, 2026

Letter

#11

Jul 28, 2026

Letter