District of New Jersey • 2:26-cv-08789

#1

Jul 15, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17667620.), filed by BALERIO CUNYARACHE NONAJULCA. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED HABEAS ORDER, # 3 Text of Proposed Order ORDER TO SHOW CAUSE)(SANTANA, JOSE) (Entered: 07/15/2026)

#2

Jul 15, 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 7/15/2026. (jml, ) (Entered: 07/15/2026)

Jul 15, 2026

Judge Brian R. Martinotti added. (jml, )

Jul 15, 2026

Add and Terminate Judges

Jul 15, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 16, 2026

TEXT ORDER: Before the Court is Petitioner Balerio Cunyarache Nonajulca ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Peru, entered the United States in 2001. (See ECF No. 1.) Petitioner contends that he is unlawfully detained. (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 7/16/26. (Fiore, J) (Entered: 07/16/2026)

Jul 16, 2026

Order

#4

Jul 17, 2026

Notice of Appearance

#5

Jul 17, 2026

Letter

#6

Jul 18, 2026

TEXT ORDER: Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5.) Accordingly, it is ORDERED that the Clerk of the Court shall CLOSE this case. So Ordered by Judge Brian R. Martinotti on 07/18/2026. (lr, ) (Entered: 07/18/2026)

Jul 18, 2026

Text Order

Jul 18, 2026

***Civil Case Terminated. (wh)

Jul 24, 2026

Terminate Civil Case