District of New Jersey • 1:26-cv-09509

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Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17723938.), filed by JOSE ANTONIO RIVERA GONZALES. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 07/28/2026)

Jul 28, 2026

Judge Karen M. Williams added. (jjc, )

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Jul 29, 2026

Letter. (FERNANDEZ, REGIS) (Entered: 07/29/2026)

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Jul 29, 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 7/29/2026. (jjc, ) (Entered: 07/29/2026)

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Jul 29, 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 Jose Antonio Rivera Gonzalez ("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 Mexico who entered the United States without inspection or admission in 2004 and has continuously resided in this country since that time. Petitioner alleges that he has no final order of removal or criminal history. Petitioner further alleges that Respondents took him into ICE custody on or about July 25, 2026. Petitioner contends that he is detained pursuant to 8 U.S.C. § 1225, and thus, has been denied access to the custody procedures available under 8 U.S.C. § 1226 in violation of the Due Process Clause of the Fifth Amendment. (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. 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. 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 29, 2026. (Williams, Karen) (Entered: 07/29/2026)

Jul 29, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 29, 2026

Text Order

Jul 29, 2026

Add and Terminate Judges

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Jul 31, 2026

Notice of Appearance

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Jul 31, 2026

Status Report