District of New Jersey • 1:26-cv-09336

ALFONSO IXIM PAAU v. SOTO

Completed

Case Information

Filed: July 24, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 31, 2026
Last Activity: July 31, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 24, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17707902.), filed by PEDRO ALFONSO IXIM PAAU. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 24, 2026
MOTION for Temporary Restraining Order by PEDRO ALFONSO IXIM PAAU. (MINOGUE, ALEXANDRA) (Entered: 07/24/2026)
Main Document: Temporary Restraining Order
#3
Jul 24, 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 7/24/2026. (jr) (Entered: 07/24/2026)
Jul 24, 2026
Case assigned to Judge Karen M. Williams. (jr)
Jul 24, 2026
Case Assigned/Reassigned
Jul 24, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Jul 27, 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 Alfonso Ixim Paau ("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 Guatemala who entered the United States approximately twenty years ago and has resided continuously in this country since that time. Petitioner alleges that he has developed substantial family and community ties during his lengthy residence in the United States and is the father of five children, including a five-year-old United States citizen child. Petitioner further alleges that he has no known criminal history. According to the Petition, ICE officers detained Petitioner on July 19, 2026, after encountering him asleep in a public park. Petitioner alleges that he is currently in removal proceedings, has an in-person Master Calendar Hearing scheduled for August 13, 2026, and intends to pursue cancellation of removal under INA § 240A(b). Petitioner contends that continued detention impairs his ability to consult with counsel and meaningfully participate in his removal proceedings. Petitioner further alleges that Respondents continue to detain him without any meaningful individualized custody determination. (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. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order is DENIED. Petitioner shall not be removed from or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 27, 2026. (Williams, Karen) (Entered: 07/27/2026)
Jul 27, 2026
Text Order
#5
Jul 28, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jul 29, 2026
Letter
Main Document: Letter
#7
Jul 31, 2026
TEXT ORDER In light of the Government's letter confirming release of Petitioner and request to close this case, the Court hereby GRANTS the request and Orders the Clerk of Court to mark this case as CLOSED. Signed by Judge Karen M. Williams on 7/31/26. (nar) (Entered: 07/31/2026)
Jul 31, 2026
Order of Dismissal