District of New Jersey • 2:26-cv-09125

#1

Jul 22, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17697744.), filed by BEOMJIN PARK. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(WILLIAMS, YSABEL) (Entered: 07/22/2026)

#2

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. (jml, ) (Entered: 07/22/2026)

Jul 22, 2026

Judge Katharine S. Hayden added. (jml, )

Jul 22, 2026

Add and Terminate Judges

Jul 22, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 31, 2026

TEXT ORDER: Petitioner BeomJin Park is a native and citizen of Republic of Korea who alleges that he entered the United States on a B-1/B-2 visa on February 24, 2026, and remained in the country. (ECF No. 1, Petition at 2.) He is now married to a U.S. citizen and has a pending marriage-based application for adjustment of status. (Id.) He alleges that he has no criminal history. (Id.) Petitioner was arrested by Immigration and Customs Enforcement ("ICE") on July 21, 2026, while preparing to board a domestic flight at John F. Kennedy International Airport. (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 2, 7-13.) 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 by 5:00 p.m. on August 2, 2026, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer by 5:00 p.m. on August 2, 2026, 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 7/31/26. (cm, ) (Entered: 07/31/2026)

Jul 31, 2026

Order

#4

Aug 02, 2026

Notice of Appearance

#5

Aug 02, 2026

Response to Habeas Petition

#6

Aug 05, 2026

Brief