District of New Jersey • 2:26-cv-08259

#1

Jul 06, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief ( Filing fee $ 5 receipt number ANJDC-17620914.), filed by JOSE RICARDO PINZON GUARDERAS. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit)(MIRON, ALEXANDRA) (Entered: 07/06/2026)

#2

Jul 06, 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 7/6/2026. (ps) (Entered: 07/06/2026)

Jul 06, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 06, 2026

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

Jul 06, 2026

Case Assigned/Reassigned

#3

Jul 07, 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, Jose Ricardo Pinzon Guarderas ("Petitioner") who is currently detained at the Delaney Hall Detention Center in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Ecuador who entered the United States without inspection in 2021 and has remained here since. Petitioner alleges that ICE apprehended him on or about July 4, 2026, while doing laundry. Petitioner contends that his continued detention without a custody redetermination hearing violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (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 14, 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. So Ordered by Judge Jamel K. Semper on 7/7/2026. (sms) (Entered: 07/07/2026)

Jul 07, 2026

Order to Answer

#4

Jul 08, 2026

Notice of Appearance

#5

Jul 08, 2026

Letter