District of New Jersey • 2:26-cv-08333

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Jul 07, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17628379.), filed by JOSUE CIELO SILVA. (Attachments: # 1 Civil Cover Sheet)(CARDONA NUILA, PATRICIA) (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. (jml, ) (Entered: 07/07/2026)

Jul 07, 2026

Judge Jamel K. Semper added. (jml, )

Jul 07, 2026

Add and Terminate Judges

Jul 07, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 08, 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 native and citizen of Mexico who has resided in New Jersey since his entry into the United States without inspection approximately twenty-seven years ago. Petitioner alleges that he is eligible to seek asylum, withholding of removal, and protection under the Convention Against Torture. Petitioner further alleges that ICE officers apprehended him on July 4, 2026, in Dover, New Jersey, after following him at a local restaurant. Petitioner further alleges that he has no criminal history. Petitioner contends that his continued detention 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, including release: (1) within the State of New Jersey; (2) without additional conditions, such as ankle monitors or electronic tracking devices; (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents seized at the time of detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by July 15, 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 7/8/2026. (sms) (Entered: 07/08/2026)

Jul 08, 2026

Order to Answer

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Jul 10, 2026

Letter

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Jul 10, 2026

Notice of Appearance

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Jul 15, 2026

Response to Habeas Petition

Jul 16, 2026

Order to Answer

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Jul 20, 2026

Application/Petition