District of New Jersey • 2:26-cv-08405

#1

Jul 08, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17635279.), filed by CARLOS ANTONIO BERMUDEZ MORA. (Attachments: # 1 Civil Cover Sheet JS-44, # 2 Index Exhibit Index, # 3 Exhibit Exhibits A to U (merged), # 4 Certificate of Service Certificate of Service)(ECHEVERRIA, INGRID) (Attachment 1 replaced on 7/9/2026) (adc, ). (Entered: 07/08/2026)

#2

Jul 08, 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 7/8/2026. (jml, ) (Entered: 07/08/2026)

Jul 08, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 08, 2026

Judge Jamel K. Semper added. (jml, )

Jul 08, 2026

Add and Terminate Judges

#3

Jul 09, 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 Carlos Antonio Bermudez Mora ("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 citizen of Costa Rica who entered the United States without inspection on or about August 23, 1995, and has resided here since. Petitioner alleges that he has no criminal history, is married to a United States citizen, is the father of a United States citizen son, and is the beneficiary of an approved Form I-130 immigrant visa petition. Petitioner further alleges that he has a pending Form I-601A Provisional Unlawful Presence Waiver, which has been pending before United States Citizenship and Immigration Services since April 2024 as part of his effort to obtain lawful permanent resident status. Petitioner alleges that on July 4, 2026, while driving to work in Dover, New Jersey, immigration officers operating unmarked vehicles stopped his vehicle, took him into custody, and transported him to the Delaney Hall Detention Facility, where he remains detained. Petitioner further alleges that he has not been served with a Notice to Appear, has not received a bond hearing or any individualized custody determination, and is being detained pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), under the theory that he is subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment. (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 16, 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 7/9/2026. (sms) (Entered: 07/09/2026)

Jul 09, 2026

Order to Answer

#4

Jul 10, 2026

Notice of Appearance

#5

Jul 10, 2026

Status Report

#6

Jul 16, 2026

TEXT ORDER: This matter having come before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and Respondents having filed a letter advising that Petitioner has been released from immigration detention (ECF No. 5) in accordance with the Court's July 9, 2026 Text Order (ECF No. 3), and the Court having reviewed the record and determined that the relief ordered has been provided. Accordingly, it is ORDERED that this matter is hereby CLOSED. So Ordered by Judge Jamel K. Semper on 7/16/2026. (sms) (Entered: 07/16/2026)

Jul 16, 2026

Order of Dismissal