District of New Jersey • 2:26-cv-08153

#1

Jul 02, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17614037.), filed by JUAN CARLOS CARMES CANIA.(KAPITONOV, PETER) (Entered: 07/02/2026)

#2

Jul 02, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by JUAN CARLOS CARMES CANIA. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 07/02/2026)

#3

Jul 03, 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 7/3/2026. (gxh) (Entered: 07/03/2026)

Jul 03, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 03, 2026

Case Assigned to Judge Jamel K. Semper. (gxh)

Jul 03, 2026

Case Assigned/Reassigned

#4

Jul 06, 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 entered the United States in October 2017 and has resided here since. Petitioner further alleges that ICE officers arrested him on or about July 2, 2026, while he was leaving his residence in Queens, New York, to report to work, without presenting a warrant or providing an explanation for his arrest. Petitioner alleges that he was thereafter transferred to the Delaney Hall Detention Facility, where he remains detained, and that his continued detention has caused substantial hardship to his minor son and family. Petitioner contends that his continued detention is unlawful and violates the Fourth Amendment, the Fifth Amendment, and the Accardi Doctrine. (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 13, 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 or transferred outside the District of New Jersey during the pendency of these proceedings. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is DENIED. So Ordered by Judge Jamel K. Semper on 7/6/2026. (sms) (Entered: 07/06/2026)

Jul 06, 2026

Order on Motion for TRO

#5

Jul 12, 2026

Notice of Appearance

#6

Jul 13, 2026

Response to Habeas Petition

#7

Jul 17, 2026

TEXT ORDER: The Court has reviewed the Petition (ECF No. 1) and Respondents' expedited response (ECF No. 6). The record reflects that Petitioner entered the United States pursuant to the Visa Waiver Program, was determined to have violated the conditions of that program, and was served with an administratively final order of removal on July 2, 2026. (ECF No. 6 at 2-5 & Ex. C.) Although Petitioner allegedly refused to sign the removal order, Respondents represent that the order became administratively final on July 2, 2026. (Id. at 4-5.) On the present record, Petitioner's detention is governed by 8 U.S.C. § 1231(a) because he is subject to an administratively final order of removal. See 8 U.S.C. § 1231(a)(1)-(2); Zadvydas v. Davis, 533 U.S. 678, 683 (2001). Respondents represent that Petitioner remains within the ninety-day statutory removal period, during which detention is mandatory. (ECF No. 6 at 4-5.) Accordingly, Petitioner is not entitled to a bond hearing under 8 U.S.C. § 1226(a), and the Court need not reach Respondents' alternative argument that detention is authorized under 8 U.S.C. § 1187(c)(2)(E). Accordingly, it is ORDERED that the Petition (ECF No. 1) is DENIED WITHOUT PREJUDICE. This denial is without prejudice to Petitioner filing a new habeas petition should circumstances materially change, including if his detention extends beyond the period authorized by 8 U.S.C. § 1231 or otherwise becomes unlawful. The Clerk shall CLOSE this matter. So Ordered by Judge Jamel K. Semper on 7/17/2026. (sms) (Entered: 07/17/2026)

Jul 17, 2026

Order of Dismissal