District of New Jersey • 2:26-cv-08301

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Jul 07, 2026

PETITION for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief ( Filing fee $ 5 receipt number ANJDC-17625126.), filed by ENOCH AVILEZ DEMETRIO. (Attachments: # 1 Civil Cover Sheet JS-44, # 2 Exhibit A, Petitioner's Passport, # 3 Exhibit B, Detention Information, # 4 Exhibit C, Passport of Petitioner's Partner, # 5 Exhibit D, U Visa Documentation for Petitioner's Partner, # 6 Exhibit E, Birth Certificates for Children of Petitioner's Partner, # 7 Exhibit F, Letters from Children of Petitioner's Partner, # 8 Exhibit G, IEP for Child of Petitioner's Partner, # 9 Exhibit H, EROP Documents)(MAKABI, PERHAM) (Entered: 07/07/2026)

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Jul 07, 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 7/7/2026. (mfr) (Entered: 07/07/2026)

Jul 07, 2026

Case Assigned to Judge Esther Salas. (mfr)

Jul 07, 2026

Case Assigned/Reassigned

Jul 07, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 08, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Mexico, alleges that he entered the United States without inspection approximately twenty years ago. (Pet. Para. 30). Petitioner plans to marry his long-term partner (rendering him eligible to be added as a derivative of her I-918 U Visa application) and supports her and her two U.S. citizen children (and one of her children is autistic). (Id. Paras. 34-37). "Petitioner has no criminal history and has never been arrested by police in connection with any criminal matter." (Id. Para. 33). On July 1, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was driving in New York, and he is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 31-32). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "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)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -9), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/8/2026. (ek) (Entered: 07/08/2026)

Jul 08, 2026

Text Order

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Jul 09, 2026

Notice of Appearance

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Jul 09, 2026

Letter

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Jul 10, 2026

Response to Habeas Petition

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Jul 10, 2026

Letter

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Jul 12, 2026

Reply to Response (NOT Motion)

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Jul 14, 2026

Certificate of Service

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Jul 15, 2026

TEXT ORDER : This matter is before the Court on the Respondents' letter response, (D.E. No. 6 ("Response" or "Resp.")), which was filed pursuant to this Court's July 8, 2026 Text Order, (D.E. No. 3 ("July 8, 2026 Text Order")), ordering Respondents to release Petitioner, or, "if Respondents contend that Petitioner's case is legally distinguishable from those cited herein," to file an expedited answer to the petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court is also in receipt of Respondents' additional correspondence, (D.E. Nos. 5 ("July 9, 2026 Letter") & 7 ("July 10, 2026 Letter")), and Petitioner's letter reply to the Response, (D.E. No. 8 ("Reply")). In the Response, Respondents argue that this case is distinguishable because "Petitioner is detained by U.S. Immigration and Customs Enforcement ('ICE') pursuant to [8 U.S.C.] § 1226(a) because his encounter, arrest, and custody determination under 8 C.F.R. § 236 took place in New York where Da Cunha v. Lyons, No. 25-3141 (2d Cir. Apr. 28, 2026) (Holding that long-term undocumented residents arrested in the United States interior are entitled to bond hearings while challenging deportation) is controlling." (Resp. at 1). Respondents ask the Court to deny the Petition on the grounds that Petitioner allegedly could request a bond hearing before an immigration judge ("IJ") under § 1226 and has failed to do so. (Id. at 1-3). However, at the time Petitioner filed his Petition, he was detained at the Delaney Hall Detention Facility in Newark, New Jersey, and he was expected to be returned to New Jersey by July 12, 2026. (See July 9, 2026 Letter at 1; July 10, 2026 Letter at 1). "[P]ursuant to recent [Board of Immigration Appeals ('BIA')] precedent, any bond hearing for Petitioner would occur in New Jersey, where Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025) has not been overruled." (Reply at 1 (citing Matter of Vizcaino Aybar, 29 I. & N. Dec. 736 (BIA 2026)). In the absence of binding Third Circuit or United States Supreme Court precedent rejecting Yajure Hurtado's interpretation of 8 U.S.C. § 1225(b)(2), a New Jersey-based IJ would be bound to deny any bond request on jurisdictional grounds because, under Yajure Hurtado, Petitioner is subject to mandatory detention under § 1225(b)(2) as a noncitizen who entered the country without inspection (July 10, 2026 Letter at 1). Petitioner thereby lacks the ability to request and receive a bond hearing before an IJ. (See id at 2). Accordingly, for the reasons stated in the July 8, 2026 Text Order, the Court ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Respondents shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. So Ordered by Judge Esther Salas on 7/15/2026. (ek) (Entered: 07/15/2026)

Jul 15, 2026

Text Order

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Jul 16, 2026

Letter