District of New Jersey • 2:26-cv-08716

#1

Jul 14, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17661320.), filed by DAVID FERNANDO MOLINA SOLIS. (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: 07/14/2026)

#2

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 7/14/2026. (jml, ) (Entered: 07/14/2026)

Jul 14, 2026

Judge Jamel K. Semper added. (jml, )

Jul 14, 2026

Add and Terminate Judges

Jul 14, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 16, 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 David Fernando Molina Solis ("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 Ecuador who was paroled into the United States in December of 2022, and has remained here since. Petitioner alleges that, on July 9, 2026, U.S. Immigration and Customs Enforcement officers detained him during an enforcement operation in Fair Lawn, New Jersey. Petitioner further alleges that he is unaware of the basis for his detention, that he has a pending application for asylum before the United States Citizenship and Immigration Services, and that he had been pursuing his immigration case without issue prior to his arrest. Petitioner alleges that he has no criminal history and has never been arrested, charged, or convicted of any offense. Petitioner contends that his continued civil immigration detention 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 23, 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 or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 7/16/2026. (sms) (Entered: 07/16/2026)

Jul 16, 2026

Order to Answer

#4

Jul 17, 2026

Notice of Appearance

#5

Jul 17, 2026

Letter

Jul 27, 2026

Order of Dismissal