District of New Jersey • 2:26-cv-09392

#1

Jul 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17711389.), filed by JOSE MIGUEL ESTEVEZ FERNANDEZ. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order, # 3 Index, # 4 Exhibit, # 5 Affidavit, # 6 Certificate of Service, # 7 Civil Cover Sheet)(CHICAS, JESSICA) (Entered: 07/26/2026)

#2

Jul 26, 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 7/26/2026. (jml, ) (Entered: 07/26/2026)

Jul 26, 2026

Add and Terminate Judges

Jul 26, 2026

Judge Esther Salas added. (jml, )

Jul 26, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 27, 2026

TEXT ORDER : This matter is before the Court on the 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 the Dominican Republic, alleges that he entered the United States on or about March 10, 2023, at or near San Luis, Arizona, without inspection, and he has been living in the United States since his entry. (Pet. at 5). He was detained upon entry and released on his own recognizance, was placed in removal proceedings, and has filed an asylum application. (Id.). On May 8, 2026, Petitioner married his U.S. citizen wife, and he has valid employment authorization. (Id.). Petitioner has no criminal convictions or criminal history. (Id.). On July 26, 2026, U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner when he reported to a check-in appointment at the Newark, New Jersey ICE office, and he has been detained at the Delaney Hall Detention Facility in Newark. (Id. at 4-5). 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, (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 -7), 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 7/27/2026. (ek) (Entered: 07/27/2026)

#4

Jul 27, 2026

Notice of Appearance

#5

Jul 27, 2026

Letter

#6

Jul 27, 2026

Amended Document (NOT Motion/Complaint)

#7

Jul 27, 2026

Notice of Appearance

Jul 27, 2026

Text Order

Jul 28, 2026

QC - Document Filed in Incorrect Case