District of New Jersey • 2:26-cv-08608

#1

Jul 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17651004.), filed by Joffre Stiven Yumisaca Chicaiza. (Attachments: # 1 Brief OSC, # 2 Certificate of Service, # 3 Civil Cover Sheet, # 4 Habeas order, # 5 notice of appearance, # 6 OSC, # 7 habeas verified complaint, # 8 Exhibit exhibit 1, # 9 Exhibit exhibit 3, # 10 Exhibit exhibit 4, # 11 Exhibit exhibit 5, # 12 Exhibit exhibit 6, # 13 Exhibit exhibit 7)(IRIZARRY-LOPEZ, JONATHAN) (Attachment 3 replaced on 7/13/2026) (mj, ). (Entered: 07/13/2026)

#2

Jul 13, 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 7/13/2026. (ps) (Entered: 07/13/2026)

#3

Jul 13, 2026

Letter. (IRIZARRY-LOPEZ, JONATHAN) (Entered: 07/13/2026)

Jul 13, 2026

Case Assigned/Reassigned

Jul 13, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 13, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -3 Civil Cover Sheet filed by JONATHAN IRIZARRY-LOPEZ on 7/13/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mj)

Jul 13, 2026

Case Assigned to Judge Jamel K. Semper. (ps)

Jul 13, 2026

QC - Fillable PDF

#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, 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 Ecuador who entered the United States without inspection in 2023, and has resided here since. Petitioner alleges that he has no criminal history. Petitioner further alleges that he has a pending application for Asylum and Withholding of Removal with a hearing scheduled before the Elizabeth Immigration Court on August 13, 2026. Petitioner alleges that on January 6, 2026, Petitioner was arrested by United States Immigration and Customs Enforcement and transported to the Delaney Hall Detention Facility, where he remains detained. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment and the Administrative Procedures 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. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by July 20, 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 7/14/2026. (sms) (Entered: 07/14/2026)

Jul 14, 2026

Order to Answer

#5

Jul 15, 2026

Notice of Appearance

#6

Jul 15, 2026

Letter