District of New Jersey • 2:26-cv-08626

#1

Jul 13, 2026

PETITION for Writ of Habeas Corpus FOR ALIEN DETAINEE ( Filing fee $ 5 receipt number ANJDC-17653133.), filed by HECTOR FERNANDO TOAPANTA VARGAS. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (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

TEXT ORDER- The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Hector Fernando Toapanta Vargas, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a foreign national who entered the United States without inspection in 2023 and has resided continuously in this country since that time. Petitioner alleges that he is presently in removal proceedings before the Elizabeth Immigration Court pursuant to 8 U.S.C. § 1229(a). He further alleges that he is the chief provider for his wife and minor child, has no criminal history, and was arrested by United States Immigration and Customs Enforcement on July 10, 2026, while working as a delivery driver. Petitioner was then transported to the Delaney Hall Detention Facility, where he remains detained. Petitioner contends that his continued detention violates the Fifth Amendment's Due Process Clause and the Immigration and Nationality Act. Based on the allegations in the Petition, and in accordance with hundreds of similar district court opinions in this district and across the nation, the Court preliminarily concludes that Petitioner is unlawfully subjected to mandatory detention under 8 U.S.C. § 1225(b) because he was apprehended within the interior of the United States after residing here for an extended period and, therefore, he may only lawfully be subject to discretionary detention under 8 U.S.C. § 1226(a). See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025) (collecting cases interpreting Sections 1225 and 1226(a)). Thus, unless Respondents contend that Ayala Amaya is materially distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 48 hours of the entry of this Order under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file an expedited response to the Petition within 48 hours, setting forth the factual and legal basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Madeline Cox Arleo on 7/13/2026. (aa, ) (Entered: 07/13/2026)

Jul 13, 2026

Case Assigned to Judge Madeline Cox Arleo. (ps)

Jul 13, 2026

Case Assigned/Reassigned

Jul 13, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 13, 2026

Order

#4

Jul 14, 2026

NOTICE of Appearance by MARGARET ANN MAHONEY on behalf of TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, JONATHAN FLORENTINO, MARKWAYNE MULLIN, WARDEN OF DELANEY HALL DETENTION FACILITY (MAHONEY, MARGARET) (Entered: 07/14/2026)

#5

Jul 14, 2026

Letter from Respondents respectfully providing the court with a release update re 3 Order,,,,,,,,,. (MAHONEY, MARGARET) (Entered: 07/14/2026)