District of New Jersey • 2:26-cv-09488

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number NEW54702.), filed by FIDEL VASQUEZ JARQUIN. (Attachments: # 1 Exhibits A-J)(fbm)(N/M) (Entered: 07/28/2026)

#2

Jul 28, 2026

EMERGENCY MOTION TO PREVENT TRANSFER OF PETITIONER PENDING RESOLUTION OF PETITION FOR WRIT OF HABEAS CORPUS by FIDEL VASQUEZ JARQUIN. (fbm)(N/M) (Entered: 07/28/2026)

#3

Jul 28, 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 07/28/2026. (fbm)(N/M) (Entered: 07/28/2026)

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jul 28, 2026

Set Deadlines as to 2 EMERGENCY MOTION TO PREVENT TRANSFER OF PETITIONER PENDING RESOLUTION OF PETITIONER FOR WRIT OF HABEAS CORPUS. Motion set for 9/8/2026 before Judge Katharine S. Hayden. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (fbm)(N/M)

#4

Jul 29, 2026

TEXT ORDER: Pro Se Petitioner Fidel Vasquez Jarquin is a citizen of Mexio who alleges that he entered the United States in 2013. (ECF No. 1, Petition at 2.) He has a pending I-130 Petition for Alien Relative. (Id. at 3.) Petitioner alleges that he has no criminal history, and his wife and 17-year-old son rely on him for financial and emotional support. (Id.) He alleges that he was arrested at a Home Depot in Linden, New Jersey on July 24, 2026, and contends he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 2-6.) Along with his Petition, Petitioner filed an emergency motion to prevent his transfer outside New Jersey during this proceeding. ECF No. 2 ("TRO Motion"). 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.,b>ALTERNATIVELY, 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. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, the Motion for TRO, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/29/26. (cm, ) (Entered: 07/29/2026)

Jul 29, 2026

Order

Jul 29, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please note that the Set Deadlines for 2 Emergency Motion filed by the Clerk's office on 7/28/2026 was docketed in error. Please disregard. (fbm)(N/M)

Jul 29, 2026

QC - Incorrect Entry made by Clerk's Office Staff

#5

Jul 30, 2026

Notice of Appearance

#6

Jul 30, 2026

Status Report