District of New Jersey • 3:26-cv-08647

#1

Jul 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17655710.), filed by Carlos Manuel Luna Moreno. (Attachments: # 1 Civil Cover Sheet)(IRIZARRY-LOPEZ, JONATHAN) (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. (jml, ) (Entered: 07/13/2026)

Jul 13, 2026

Notice of Judicial Preferences

Jul 13, 2026

Add and Terminate Judges

Jul 13, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 13, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )

Jul 13, 2026

Judge Georgette Castner added. (jml, )

Jul 13, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please use 28:2241 Petition for Writ of Habeas Corpus (federal) as the cause of action; the party roles should be Petitioner v. Respondent; please make sure to include the Respondent descriptions in the PARTY TEXT field; addresses were listed on the docket and should not be; enter all the parties listed in the petition. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

Jul 13, 2026

QC - Attorney Case Opening

#3

Jul 14, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Ecuador, alleges that, in or around 2001, he entered the United States through the U.S.-Mexico border and was detained and then released on his own recognizance pursuant to 8 U.S.C. § 1226. (Id. Paras. 43-44.) "Petitioner does not have any criminal background." (Id. Para. 45.) On July 12, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 44-45.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1), the attachment to the Petition (ECF No. 1 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 7/14/2026. (jmh) (Entered: 07/14/2026)

#4

Jul 14, 2026

NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN OF DELANEY HALL DETENTION FACILITY, ARTHUR WILSON (GONZALEZ, ALICIA) (Entered: 07/14/2026)

Jul 14, 2026

3 Text Order emailed to USANJ-HabeasCases@usdoj.gov on 7/14/2026. (jmh)

Jul 14, 2026

Text Order

Jul 14, 2026

Docket Annotation (public)

#5

Jul 15, 2026

RESPONSE to Petition for Writ of Habeas Corpus by MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN OF DELANEY HALL DETENTION FACILITY, ARTHUR WILSON. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Form I-200, # 3 Exhibit Notice to Appear, # 4 Exhibit IJ Removal Order, # 5 Exhibit Form I-205)(GONZALEZ, ALICIA) (Entered: 07/15/2026)

#6

Jul 21, 2026

REPLY to Response re 5 Response to Habeas Petition filed by JONATHAN IRIZARRY-LOPEZ. (Received via Help-Desk) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(mlh) (Entered: 07/21/2026)

#7

Aug 20, 2026

Substitution of Attorney - Attorney JONATHAN IRIZARRY-LOPEZ terminated. Attorney STEPHANIE MARIE DUQUE-ISERN for CARLOS MANUEL LUNA MORENO added.. (DUQUE-ISERN, STEPHANIE) (Entered: 08/20/2026)

#8

Aug 21, 2026

Letter from Petitioners to Judge Castner regarding material development in immigration proceedings. (DUQUE-ISERN, STEPHANIE) (Entered: 08/21/2026)

#9

Aug 24, 2026

TEXT ORDER: This matter is before the Court on Petitioner's letter (Letter) advising the Court that, "following the briefing previously submitted in this matter." Petitioner's motion to reopen was granted and, as a result, "Petitioner is no longer subject to the prior administratively final order of removal upon which Respondents previously relied." (ECF No. 8 at 1.) Within three (3) days of the date of entry of this Text Order, Respondents shall file a letter response to Petitioner's Letter.. So Ordered by Judge Georgette Castner on 8/24/2026. (jmh) (Entered: 08/24/2026)

Aug 24, 2026

Text Order

#10

Aug 27, 2026

Letter from United States Attorney's Office Response to ECF No. 9 re 9 Text Order,,. (Attachments: # 1 Exhibit IJ Order)(GONZALEZ, ALICIA) (Entered: 08/27/2026)

#11

Aug 31, 2026

TEXT ORDER: This matter is before the Court on Respondents' August 27, 2026 letter (August 27, 2026 Letter) (ECF No. 10 ), filed pursuant to this Court's August 24, 2026 Text Order (ECF No. 9 ). In this Text Order, the Court ordered Respondents to file a response to Petitioner's letter advising the Court that, "'following the briefing previously submitted in this matter,' Petitioner's motion to reopen was granted and, as a result, 'Petitioner is no longer subject to the prior administratively final order of removal upon which Respondents previously relied.'" (ECF No. 9 (quoting ECF No. 8 at 1).) According to the August 27, 2026 Letter, Petitioner's assertion is false because, on August 10, 2026, the immigration judge ("IJ") denied his motion to reopen. (ECF No. 10 at 1 (citing ECF No. 10-1 (IJ Order)).) Within twenty-four (24) hours of the time of entry of this Text Order, Petitioner shall file a response to the August 27, 2026 Letter and the attached IJ Order. So Ordered by Judge Georgette Castner on 8/31/2026. (jmh) (Entered: 08/31/2026)

Aug 31, 2026

Text Order

#12

Sep 01, 2026

Letter

#13

Sep 08, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), Respondents' letter response (ECF No. 5 ), Petitioner's letter reply (ECF No. 6 ), and the parties' subsequent letters regarding alleged material developments in this case (ECF Nos. 8, 10, & 12 ). Based on the parties' submissions, Petitioner is subject to a final order of removal, and Petitioner accordingly is detained under 8 U.S.C. § 1231(a). Furthermore, Petitioner's detention under the final order of removal and § 1231 is within the six-month presumptively reasonable period, and, in any event, Petitioner has failed to provide good reason to believe there is no significant likelihood of removal in the reasonably foreseeable future. See Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Accordingly, the Petition (ECF No. 1 ) is DENIED. The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further Order of the Court. The Clerk of the Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 9/8/2026. (jmh) (Entered: 09/08/2026)

Sep 08, 2026

Order of Dismissal AND Text Order