District of New Jersey • 2:26-cv-09092

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17692719.), filed by DIEGO FAVICELA TALAHUA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Notice to Appear, # 3 Exhibit Order of Release, # 4 Exhibit Employment Authorization Document, # 5 Exhibit EOIR Automated Case Information, # 6 Exhibit ICE Detainee Locator)(MENA, ALEXANDER) (Entered: 07/21/2026)

#2

Jul 22, 2026

Case Assigned to Judge Katharine S. Hayden. (mfr) (Entered: 07/22/2026)

#3

Jul 22, 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 7/22/2026. (mfr) (Entered: 07/22/2026)

Jul 22, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 22, 2026

Case Assigned/Reassigned

#4

Jul 23, 2026

TEXT ORDER: Petitioner Diego Favicela Talahua a citizen of Ecuador who alleges that he entered the United States on or about October 1, 2023, and was placed in removal proceedings and released on his own recognizance. (ECF No. 1, Petition at 12.) Petitioner applied for asylum and was given work authorization through November 20, 2029. (Id.) He alleges that he has no criminal history. (Id. at 12-13.) Petitioner has significant ties to the United States, including a U.S. citizen child, and he financially supports his wife and two children. (Id. at 13.) He was arrested by Immigration and Customs Enforcement ("ICE") on July 20, 2026, after exiting a grocery store in Plainfield, New Jersey. (Id.) He contends that he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 14-17.) In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 48 hours of this Order, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY,/b>, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within 48 hours of this Order, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/23/26. (cm, ) (Entered: 07/23/2026)

#5

Jul 23, 2026

Letter

Jul 23, 2026

Order

#6

Jul 24, 2026

Order of Dismissal

Jul 24, 2026

QC - Generic Message