District of New Jersey • 2:26-cv-08858

#1

Jul 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17672715.), filed by YOHANDY JAVIER RODRIGUEZ ORTEGA. (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: 07/16/2026)

#2

Jul 16, 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 7/16/2026. (jml, ) (Entered: 07/16/2026)

Jul 16, 2026

Add and Terminate Judges

Jul 16, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 16, 2026

Judge Jamel K. Semper added. (jml, )

#3

Jul 17, 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 Yohandry Javier Rodriguez Ortega ("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 Venezuela who was paroled into the United States on or about September 11, 2022, and has continuously resided in the United States since that time. Petitioner alleges that he has a pending application for asylum before the Immigration Court, complied with his biometrics appointment, possessed a valid Employment Authorization Document based upon his pending asylum application, and was scheduled for an individual merits hearing before the Immigration Court on February 16, 2028. Petitioner further alleges that, on July 11, 2026, ICE officers detained him while he was walking in Elizabeth, New Jersey, and that Respondents now contend he is detained pursuant to 8 U.S.C. § 1225(b)(2)(A). Petitioner asserts that he has no criminal convictions, has never failed to report to immigration authorities or missed any scheduled immigration court appearance, does not present a danger to the community or a flight risk, and that his continued detention violates due process because Respondents have improperly subjected him to mandatory detention notwithstanding his parole into the United States and extended residence here. (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, including release: (1) within the State of New Jersey; (2) without additional conditions, such as ankle monitors or electronic tracking devices; (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents seized at the time of detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition within seven (7) days of this Order, 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 7/17/2026. (sms) (Entered: 07/17/2026)

#4

Jul 17, 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 Pedro Armando Vega Condor ("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 Peru who was arrested by ICE in New Jersey on or about July 11, 2026, more than three years after DHS alleges he entered the United States on or about March 9, 2023. Petitioner alleges that he was not apprehended at or near the border, at a port of entry, or while seeking admission, but instead was arrested in the interior of New Jersey. Petitioner further alleges that he is presently in removal proceedings before the Newark Immigration Court, with a Master Calendar Hearing scheduled for September 10, 2026. Petitioner alleges that DHS has charged him as removable under INA § 212(a)(6)(A)(i), that he has applied for asylum, withholding of removal, and protection under the Convention Against Torture, has no known criminal history, and recently married a lawful permanent resident on or about June 27, 2026. Petitioner contends that his continued 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, including release: (1) within the State of New Jersey; (2) without additional conditions, such as ankle monitors or electronic tracking devices; (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents seized at the time of detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition within seven (7) days of this Order, 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. Signed by Judge Jamel K. Semper on July 17, 2026. So Ordered by Judge Jamel K. Semper on 7/17/2026. (jml, ) (Entered: 07/17/2026)

Jul 17, 2026

Text Order

Jul 17, 2026

Order to Answer

Jul 17, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please note the Text Order 4 filed by the Clerk's office on 7/17/2026 was docketed in error. Please disregard. (jml, )

Jul 17, 2026

QC - Incorrect Entry made by Clerk's Office Staff

#5

Jul 21, 2026

Notice of Appearance

#6

Jul 21, 2026

Letter

#7

Aug 03, 2026

Affidavit

#8

Aug 06, 2026

TEXT ORDER: The Court has received Petitioner's August 3, 2026 letter concerning Petitioner's assertion that his driver's license was not returned following his release. (ECF No. 7.) Respondents shall promptly determine whether Petitioner's driver's license is in the possession, custody, or control of ICE or any other Respondent or agency involved in Petitioner's detention or release. If the driver's license is located, Respondents shall promptly arrange for its return to Petitioner. Within seven (7) days of this Order, Respondents shall file a status letter advising the Court of the results of their inquiry, whether Petitioner's driver's license has been located, and, if so, whether it has been returned to Petitioner. If the driver's license cannot be located, Respondents shall explain the efforts undertaken to locate it and its current status, if known. So Ordered by Judge Jamel K. Semper on 8/6/2026. (sms) (Entered: 08/06/2026)

Aug 06, 2026

Text Order

#9

Aug 13, 2026

Letter

#10

Aug 14, 2026

Order

#11

Aug 19, 2026

Letter from United States Attorney's Office Lost Property Update re 9 Letter, 8 Text Order,,,. (GONZALEZ, ALICIA) (Entered: 08/19/2026)

#12

Aug 21, 2026

TEXT ORDER: The Court has reviewed Respondents' August 19, 2026 status letter. (ECF No. 11.) Because Petitioner has received the habeas relief sought through his release from custody (ECF No. 6), and in light of the parties' representation that Petitioner consents to closing this matter and will continue to work with Respondents to resolve the remaining property issue without further judicial intervention, this matter is CLOSED. The Clerk of the Court shall terminate this case. So Ordered by Judge Jamel K. Semper on 8/21/2026. (sms) (Entered: 08/21/2026)

Aug 21, 2026

Order of Dismissal