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)

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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

Judge Karen M. Williams added. (jbb)

Jul 30, 2026

Add and Terminate Judges

Jul 30, 2026

Emergent Immigration Habeas Non-transfer Order

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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