District of New Jersey • 1:26-cv-08712

SILVA RICARDO PEREIRA v. SOTO

Active

Case Information

Filed: July 14, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 14, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17661117.), filed by GUILHERME SILVA RICARDO PEREIRA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 14, 2026
MOTION for Temporary Restraining Order by GUILHERME SILVA RICARDO PEREIRA. (MINOGUE, ALEXANDRA) (Entered: 07/14/2026)
Main Document: Temporary Restraining Order
#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 7/14/2026. (jml, ) (Entered: 07/14/2026)
Jul 14, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 14, 2026
Judge Karen M. Williams added. (jml, )
Jul 14, 2026
Add and Terminate Judges
#4
Jul 15, 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 Guilherme Silva Ricardo Pereira ("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 Brazil who lawfully entered the United States on a B-2 visitor visa in or about December 2019 as a minor and has resided here since. Petitioner alleges that he resides in New Jersey with his family, has no criminal history, and suffers from diabetes and hypertension requiring regular medication, blood glucose monitoring, and adequate nutrition. Petitioner further alleges that, on or about July 12, 2026, ICE officers took him into custody during an enforcement operation and thereafter transferred him to the Delaney Hall Detention Facility. Petitioner further alleges that, since arriving at Delaney Hall, he has been denied adequate nutrition and appropriate medical care necessary to manage his diabetes, including regular meals, physician evaluation, and prescribed medication, resulting in elevated blood glucose levels. Petitioner also alleges that conditions at Delaney Hall include inadequate medical care, insufficient food, communication restrictions, prolonged lockdowns, and deteriorating living conditions. Petitioner contends that his continued detention violates the Due Process Clause. (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 22, 2026, setting forth the basis for that position. It is further ORDERED that Respondents shall ensure that Petitioner is evaluated by a licensed physician or other qualified medical provider within twenty-four (24) hours of the entry of this Order for assessment and treatment of his diabetes. Respondents shall ensure that Petitioner is promptly provided with any medically necessary medications, treatment, monitoring, and an appropriate diabetic meal plan as determined by the evaluating medical provider. Within forty-eight (48) hours of the entry of this Order, Respondents shall file a certification of compliance, together with documentation sufficient to demonstrate compliance, including, as appropriate, medical records, treatment orders, medication administration records, and documentation reflecting the dietary accommodations provided to Petitioner. To the extent Petitioner seeks relief predicated upon conditions of confinement, those claims are not necessary to resolution of the habeas petition and are hereby STAYED pending further proceedings in Washington v. The GEO Group, No. 26-cv-6466 (JKS (LDW)). 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. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order (ECF No. 2) is DENIED. So Ordered by Judge Karen M. Williams on July 15, 2026. (Williams, Karen) (Entered: 07/15/2026)
Jul 15, 2026
Text Order
#5
Jul 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jul 20, 2026
Letter
Main Document: Letter
#7
Jul 21, 2026
Letter
Main Document: Letter
#8
Jul 22, 2026
Letter
Main Document: Letter
#11
Jul 22, 2026
Letter
Main Document: Letter
Jul 22, 2026
Text Order
#12
Jul 23, 2026
Letter
Main Document: Letter
#13
Jul 27, 2026
Letter
Main Document: Letter

Parties

SILVA RICARDO PEREIRA
Party
SOTO
Party