District of New Jersey • 3:26-cv-09342

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17708431.), filed by GERARDO VARELA VARELA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/24/2026)

#2

Jul 24, 2026

MOTION for Temporary Restraining Order by GERARDO VARELA VARELA. (MINOGUE, ALEXANDRA) (Entered: 07/24/2026)

#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)

#4

Jul 24, 2026

TEXT ORDER: The Court having reviewed Petitioner's habeas petition in this matter (ECF No. 1 ), which alleges that Petitioner is unlawfully detained under the Government's current interpretation of 8 U.S.C. § 1225(b)(2), it is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225(b) (2), they shall file an expedited answer to the Petition within 72 hours of this Order, and Petitioner may file a reply within 48 hours of the time of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, and to the extent that the Government's detention of Petitioner under § 1225(b)(2) relies on the same statutory interpretation argument this Court has rejected in cases including Valerio v. Joyce, No. 25-17225, 2025 WL 3251445 (D.N.J. Nov. 21, 2025), Hueso v. Soto, No. 26-1455, 2026 WL 539271 (D.N.J. Feb. 26, 2026), and Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192 (D.N.J. Mar. 2, 2026), and accepting Petitioner's allegations as substantially true, the Court holds Petitioner's mandatory detention under Section 1225(b)(2) is unlawful, and the Government is ORDERED to release Petitioner in New Jersey within 72 hours of this order and file a written notice of Petitioner's release within twenty four hours of its occurrence. The Government shall thereafter not re-detain Petitioner under § 1226(a) for a period of at least fourteen days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). The Government shall not transfer Petitioner out of Delaney Hall until this matter concludes. The Government shall further inform the Court of any transfer of Petitioner out of Delaney Hall within twenty-four hours of its occurrence, including those which predate the Court's injunction on transfers. In addition to what is set out above, a declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Court's Order prohibiting Petitioner's transfer from Delaney Hall; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with that Order. The declaration shall be filed on the public docket of the Court on or before 9:00 p.m. on July 24. The declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declaration may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Zahid N. Quraishi on 7/24/2026. (kas, ) (Entered: 07/24/2026)

#5

Jul 24, 2026

DECLARATION of Ian Patel by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR J. WILSON, JR.,. (BAJADA, FRANCES) (Entered: 07/24/2026)

Jul 24, 2026

Case Assigned/Reassigned

Jul 24, 2026

Case assigned to Judge Zahid N. Quraishi. (jr)

Jul 24, 2026

Text Order

Jul 24, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Jul 26, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR J. WILSON, JR., (KAPLAN, SARINA) (Entered: 07/26/2026)

#7

Jul 26, 2026

RESPONSE re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit Ex 1 - I-213, Jul 2026, # 2 Exhibit Ex 2 - RAP Sheet)(KAPLAN, SARINA) (Entered: 07/26/2026)

#8

Jul 27, 2026

Reply to Response (NOT Motion)

#9

Jul 28, 2026

Memorandum AND Opinion

#10

Jul 28, 2026

Order of Dismissal

#11

Aug 03, 2026

Letter