District of New Jersey • 1:26-cv-09636

#1

Jul 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17734698.), filed by ELMER RODRIGUEZ JOVEL. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Baptismal Certificate, # 3 Exhibit ICE Detainee Locator, # 4 Exhibit EOIR Automated Case Information)(MENA, ALEXANDER) (Entered: 07/30/2026)

#2

Jul 30, 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 7/30/26. (jbb) (Entered: 07/30/2026)

Jul 30, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 30, 2026

Add and Terminate Judges

Jul 30, 2026

Judge Karen M. Williams added. (jbb)

#3

Jul 31, 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, Elmer Rodriguez Jovel, ("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 El Salvador who entered the United States without inspection in 2013 and remained here since that time. Petitioner alleges that he was detained by Immigration and Customs Enforcement ("ICE") on July 25, 2026, and that ICE issued a custody determination to continue Petitioner's detention without an opportunity to post bond or be released on other conditions. Petitioner further alleges that he is father to a United States citizen child, has no criminal history, and is prima facie eligible for relief from removal proceedings. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (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 she was apprehended within the interior of 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 her detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition within seven (7) days of the entry 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 31, 2026. (Williams, Karen) (Entered: 07/31/2026)

Jul 31, 2026

Text Order

#4

Aug 06, 2026

NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LUIS SOTO, U.S. DEPARTMENT OF HOMELAND SECURITY, DAVID J. VENTURELLA (STRATIGEAS, CHRISTOPHER) (Entered: 08/06/2026)

#5

Aug 06, 2026

NOTICE of Voluntary Dismissal of Petition for Writ of Habeas Corpus by ELMER RODRIGUEZ JOVEL (MENA, ALEXANDER) (Entered: 08/06/2026)

#6

Aug 07, 2026

TEXT ORDER - The Court having reviewed Petitioner's Notice of Voluntary Dismissal of Petition for Writ of Habeas Corpus pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), (ECF No. 5), and there being no further issues pending before the Court, it is hereby ORDERED that this matter is DISMISSED without prejudice and the Clerk of Court shall CLOSE this case; and it is further ORDERED that the Court's July 30, 2026 and July 31, 2026 Orders temporarily enjoining Respondents from transferring Petitioner from New Jersey or removing Petitioner from or transferring Petitioner outside the District of New Jersey are VACATED as moot. So Ordered by Judge Karen M. Williams on August 7, 2026. (Williams, Karen) (Entered: 08/07/2026)

Aug 07, 2026

Text Order

Aug 10, 2026

Terminate Civil Case

Aug 10, 2026

***Civil Case Terminated. (nar)

#7

Aug 19, 2026

Letter from Brian Josue Arias Ramirez on behalf of his step-father ELMER RODRIGUEZ JOVEL. (Attachments: # 1 Exhibit, # 2 Env).(dnw) (Entered: 08/19/2026)

#8

Aug 20, 2026

TEXT ORDER - The Court has received the August 19, 2026 letter submitted on behalf of Petitioner alleging that the Notice of Voluntary Dismissal filed on August 6, 2026 (ECF No. 5), was submitted without Petitioner's knowledge or authorization. (ECF No. 7.) The Court liberally construes the letter as a request for further relief under Rule 60(b). In light of the allegations, and for the limited purpose of determining whether the voluntary dismissal was authorized, the Clerk shall REOPEN this matter. The Court's July 30, 2026 Order (ECF No. 2) prohibiting Petitioner's transfer from or removal outside the District of New Jersey is hereby TEMPORARILY REINSTATED pending further Order of the Court. Petitioner's counsel shall, within twenty-four (24) hours, file a letter advising whether Petitioner authorized the filing of the Notice of Voluntary Dismissal (ECF No. 5), the circumstances under which such authorization was obtained, whether counsel has communicated with Petitioner regarding the dismissal, and Petitioner's current detention status. Respondents shall, within twenty-four (24) hours, file a letter confirming Petitioner's current custody status and advising whether they oppose maintaining the temporary restrictions on Petitioner's transfer or removal pending resolution of the issues raised by the August 19, 2026 letter. The Court will determine what further action, if any, is appropriate upon receipt of the parties' submissions. So Ordered by Judge Karen M. Williams on August 20, 2026. (Williams, Karen) (Entered: 08/20/2026)

Aug 20, 2026

Text Order

#9

Aug 21, 2026

Letter from Counsel for Petitioner Regarding Client Communications re 8 Text Order,,,,,, 7 Letter. (Attachments: # 1 Exhibit Expedited Removal Order, # 2 Exhibit Email to Client, # 3 Exhibit ICE Detainee Locator)(MENA, ALEXANDER) (Entered: 08/21/2026)

#10

Sep 04, 2026

Letter from Brian Josue Arias Ramirez on Behalf of his Step-father ELMER EDENILSON RODRIGUEZ JOVEL. (Attachments: # 1 Envelope).(dnw) (Entered: 09/04/2026)

#11

Sep 04, 2026

Letter from Respondents re 8 Text Order,,,,,,. (STRATIGEAS, CHRISTOPHER) (Entered: 09/04/2026)