District of New Jersey • 2:26-cv-09496

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17723500.), filed by JHON ANDERSON VALDES POSADA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit NTA, # 3 Exhibit ICE LOCATOR, # 4 Exhibit ROR, # 5 Exhibit I589)(CARDENAS, VERONICA) (Entered: 07/28/2026)

#2

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 7/28/2026. (gxh) (Entered: 07/28/2026)

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Case Assigned to Judge Katharine S. Hayden. (gxh)

Jul 28, 2026

Case Assigned/Reassigned

#3

Jul 29, 2026

TEXT ORDER: Petitioner Jhon Anderson Valdes Posada is a citizen of Columbia who alleges that he entered the United States in December 2023 without inspection. (ECF No. 1, Petition at 3.) Petitioner sought asylum, was placed in removal proceedings, and released on his own recognizance. (Id.) He alleges that he has no criminal history. (Id. at 4.) Petitioner has a wife and two children in the United States. (Id. at 3.) He was arrested by Immigration and Customs Enforcement ("ICE") on July 24, 2026, at a scheduled ICE check-in. (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 4-12.) 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. 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. So Ordered by Judge Katharine S. Hayden on 7/29/26. (cm, ) (Entered: 07/29/2026)

Jul 29, 2026

Order

#4

Jul 30, 2026

Notice of Appearance

#5

Jul 30, 2026

Response to Habeas Petition

#6

Aug 03, 2026

Reply to Response (NOT Motion)