District of New Jersey • 2:26-cv-08872

#1

Jul 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17673440.), filed by MANUEL JESUS SUCOZHANAY PERALTA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ice Locator, # 3 Exhibit EOIR, # 4 Exhibit Form W-2, # 5 Exhibit Passport, # 6 Exhibit Birth Certificate and SSC)(CARDENAS, VERONICA) (Entered: 07/16/2026)

#2

Jul 17, 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 7/17/2026. (ps) (Entered: 07/17/2026)

Jul 17, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 17, 2026

Case Assigned/Reassigned

Jul 17, 2026

Case Assigned to Judge Claire C. Cecchi. (ps)

#3

Jul 20, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus. ECF No. 1. Petitioner alleges that he is being unlawfully detained under 8 U.S.C. § 1225, that he has resided in the United States continuously since 1996, that he has no criminal history, and that he is the father of a United States citizen. ECF No. 1 at 4-7. If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within 48 hours of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within 48 hours of entry of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 7/20/2026. (jl, ) (Entered: 07/20/2026)

Jul 20, 2026

Text Order

#4

Jul 22, 2026

NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of JONATHAN FLORENTINO, MARKWAYNE MULLIN, LUIS SOTO (STEWART, JEWELL) (Entered: 07/22/2026)

#5

Jul 22, 2026

Letter. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(STEWART, JEWELL) (Entered: 07/22/2026)

#6

Jul 22, 2026

Letter from Petitioner re: criminal charges. (CARDENAS, VERONICA) (Entered: 07/22/2026)

#7

Jul 23, 2026

TEXT ORDER - The Court is in receipt of Respondents' letter concerning a dismissed criminal charge against Petitioner from 2014. ECF No. 5. The Court is also in receipt of Petitioner's letter request to provide supplemental information. ECF No. 6. This request is granted, and Petitioner shall file a reply addressing the circumstances of that alleged offense by Wednesday, July 29 at 5:00 p.m. So Ordered by Judge Claire C. Cecchi on 7/23/2026. (jl, ) (Entered: 07/23/2026)

Jul 23, 2026

Text Order

#8

Jul 29, 2026

Letter from Petitioner. (Attachments: # 1 Exhibit Stmt, # 2 Exhibit Dismissal)(CARDENAS, VERONICA) (Entered: 07/29/2026)

#9

Aug 04, 2026

TEXT ORDER: The Court previously found that Petitioner is being unlawfully detained under 8 U.S.C. § 1225 and ordered Respondents to release Petitioner or provide an expedited answer within 48 hours. ECF No. 3 . Respondents filed an expedited answer in accordance with that order and provided evidence that Petitioner was charged with urinating in public in 2014 in violation of N.J. Stat. Ann. § 2C:14-4(b)(1). ECF No. 5 . That charge was ultimately dismissed. Id. at 2. Respondents do not argue that this dismissed charge, which is over 10 years old, subjects Petitioner to mandatory detention under 8 U.S.C. § 1226(c) or makes him a danger or flight risk. Id. Instead, they contend that the appropriate remedy is ordering a bond hearing. Id. at 3-4. Petitioner argues that this charged offense was an isolated event that he regrets, and that he has since had no further arrests or related issues. ECF No. 8 . The Court agrees with Petitioner and finds that release is still the appropriate remedy. Accordingly, Respondents are hereby ordered to Release Petitioner within 24 hours of entry of this Order and shall file a status report of compliance within 3 days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 8/4/2026. (jr) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

#10

Aug 07, 2026

Letter from Respondents Regarding Petitioner's Release. (STEWART, JEWELL) (Entered: 08/07/2026)

#11

Aug 10, 2026

LETTER ORDER dismissing Case. Signed by Judge Claire C. Cecchi on 8/10/2026. (mj) (Entered: 08/10/2026)