District of New Jersey • 2:26-cv-08344

#1

Jul 07, 2026

First PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 ( Filing fee $ 5 receipt number ANJDC-17628924.), filed by JOSE LEODAN CUELLAR BASURTO. (Attachments: # 1 Text of Proposed Order JLCB PROP ORDER HABEAS, # 2 Civil Cover Sheet JLCB JS 44)(KUNDANMAL, NITA) (Entered: 07/07/2026)

#2

Jul 07, 2026

First MOTION for Temporary Restraining Order by JOSE LEODAN CUELLAR BASURTO. (Attachments: # 1 Text of Proposed Order JLCB PROP ORDERTRO, # 2 Text of Proposed Order JLCB OTSC)(KUNDANMAL, NITA) (Entered: 07/07/2026)

#3

Jul 07, 2026

NOTICE of Appearance by NITA KUNDANMAL on behalf of JOSE LEODAN CUELLAR BASURTO (KUNDANMAL, NITA) (Entered: 07/07/2026)

#4

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

Emergent Immigration Habeas Non-transfer Order

Jul 07, 2026

Add and Terminate Judges

Jul 07, 2026

Judge Brian R. Martinotti added. (jml, )

#5

Jul 08, 2026

TEXT ORDER: Before the Court is Petitioner Jose Leodan Cuellar Basurto's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities (ECF No. 1) and Motion for Temporary Restraining Order (ECF No. 2). Petitioner, a native of Mexico, entered the United States without inspection in 2019. (See id.) Petitioner contends that he is unlawfully detained. (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that the Motion for Temporary Restraining Order (ECF No. 2 ) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 07/08/2026. (lr, ) (Entered: 07/08/2026)

Jul 08, 2026

Text Order

#6

Jul 09, 2026

Notice of Appearance

#7

Jul 12, 2026

Motion to Quash/Compel/Enforce

#8

Jul 13, 2026

Response to Habeas Petition

#9

Jul 16, 2026

Extension of Time to File Response/Reply

#10

Jul 17, 2026

Order on Motion for Extension of Time to File Response/Reply

#11

Jul 17, 2026

Response (NOT Motion)

Jul 17, 2026

Set Deadlines as to 9 First MOTION for Extension of Time to File Response/Reply as to 8 Response to Habeas Petition,,,, Requesting a one-day Extension to July 17, 2026. Motion set for 8/17/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)

Jul 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Jul 28, 2026

Opinion

#13

Jul 28, 2026

Order of Dismissal