District of New Jersey • 2:26-cv-08671

#1

Jul 14, 2026

AFFIDAVIT by WINSOR ALI APONTE MONTOYA. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Index, # 4 Exhibit, # 5 Affidavit, # 6 Affidavit, # 7 Certificate of Service, # 8 Civil Cover Sheet)(CHICAS, JESSICA) (Entered: 07/14/2026)

#2

Jul 14, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17658032.), filed by WINSOR ALI APONTE MONTOYA. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Index, # 4 Exhibit, # 5 Affidavit, # 6 Affidavit, # 7 Certificate of Service, # 8 Civil Cover Sheet)(CHICAS, JESSICA) (Entered: 07/14/2026)

#3

Jul 14, 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 7/14/26. (tjg, ) (Entered: 07/14/2026)

Jul 14, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 14, 2026

Case assigned to Judge Madeline Cox Arleo. (tjg, )

Jul 14, 2026

Case Assigned/Reassigned

Jul 15, 2026

QC - Duplicate Filings

#4

Jul 23, 2026

TEXT ORDER - Petitioner is a citizen of Venezuela who was allegedly paroled into the United States in 2022; he allegedly has a pending application for asylum and no criminal convictions. (ECF No. 1, Petition at 1-11.) On July 12, 2026, he was detained by ICE at a check-in appointment in Newark, New Jersey, and has been denied the opportunity for bond. (Id.) Based on the alleged facts and the Court's decisions in Vasquez Lucero v. Soto, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728, 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is factually or legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) days, and Petitioner may file a reply within three (3) days of the answer. If Respondents do not file an expedited answer, they shall file a status report within three (3) days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 3 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 7/23/2026. (aa, ) (Entered: 07/23/2026)

#5

Jul 23, 2026

Letter

Jul 23, 2026

Order

#6

Jul 24, 2026

Order of Dismissal

#7

Aug 03, 2026

Affidavit

#8

Aug 03, 2026

Notice of Appearance