District of New Jersey • 1:26-cv-08553

#1

Jul 10, 2026

First PETITION for Writ of Habeas Corpus, filed by FRANKLIN URIEL CABRERA VELASQUEZ. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/10/2026)

#2

Jul 10, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17647665.), filed by FRANKLIN URIEL CABRERA VELASQUEZ. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 07/10/2026)

#3

Jul 10, 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 7/10/2026. (jml, ) (Entered: 07/10/2026)

Jul 10, 2026

Add and Terminate Judges

Jul 10, 2026

Judge Karen M. Williams added. (jml, )

Jul 10, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 14, 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 Franklin Uriel Cabrera Velasquez ("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 Nicaragua who entered the United States on or about February 1, 2023, pursuant to a grant of humanitarian parole through John F. Kennedy International Airport. Petitioner alleges that he timely filed an Application for Asylum and for Withholding of Removal with the United States Citizenship and Immigration Services on November 12, 2024, which remains pending. Petitioner further alleges that on July 10, 2026, ICE officers arrested him during an enforcement operation, after which the Department of Homeland Security served him with a Notice to Appear charging him with inadmissibility under INA § 212(a)(7)(A)(i)(I) and initiated removal proceedings. Petitioner alleges that he has no criminal history and no final order of removal. Petitioner contends that his continued to detention without a custody redetermination 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 21, 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 Karen M. Williams on July 14, 2026. (Williams, Karen) (Entered: 07/14/2026)

Jul 14, 2026

Text Order

#5

Jul 15, 2026

Notice of Appearance

#6

Jul 15, 2026

Letter