District of New Jersey • 2:26-cv-09025

#1

Jul 20, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17686806.), filed by RODRIGO QUINONES MORALES. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 07/20/2026)

#2

Jul 21, 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 7/21/2026. (ps) (Entered: 07/21/2026)

Jul 21, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 First PETITION for Writ of Habeas Corpus submitted by JONATHAN LIPSITZ on 07/20/2026 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (fbm)

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 21, 2026

QC - Updating Account

Jul 21, 2026

Case Assigned to Judge Esther Salas. (ps)

#3

Jul 22, 2026

TEXT ORDER : This matter is before the Court on the pro se Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Mexico, alleges that he entered the United States through the United States-Mexico border in approximately 2016, and has continuously resided in the United States since his entry. (Pet. Para. 18). Petitioner is the father of a U.S. citizen child (and has a U.S. citizen brother), has maintained a residence in Lakewood, New Jersey, and has supported himself through steady employment. (Id. Para. 23). "Petitioner has no known criminal history, [and] no prior arrests or criminal convictions." (Id. Para. 20). On July 20, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at or near Howell Township, New Jersey while he was performing construction work at a residence, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 21-22). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. Petitioner's request for an order to show cause, (see D.E. No. 1 -2), is DENIED as moot. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -3), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/22/2026. (ek) (Entered: 07/22/2026)

#4

Jul 22, 2026

Notice of Appearance

Jul 22, 2026

Text Order

#5

Jul 23, 2026

Letter

#6

Jul 24, 2026

TEXT ORDER : This matter comes before the Court on Respondents' July 23, 2026 letter indicating that, pursuant to this Court's July 22, 2026 Text Order, (D.E. No. 3 ), Petitioner was released from ICE custody on July 22, 2026. (D.E. No. 5 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 7/24/2026. (ek) (Entered: 07/24/2026)

Jul 24, 2026

Terminate Civil Case

Jul 24, 2026

Text Order

Jul 24, 2026

***Civil Case Terminated. (ek)