District of New Mexico • 1:26-cv-02482

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus, filed by EDGAR LEONARDO DAVILA RANGEL. (Attachments: # 1 Declaration, # 2 Exhibits, # 3 Envelope)(dmr3) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/15/2026)

#2

Jul 15, 2026

MOTION for Temporary Restraining Order by EDGAR LEONARDO DAVILA RANGEL. (Attachments: # 1 Envelope)(dmr3) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/15/2026)

#3

Jul 15, 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 7/15/2026. (jjc, ) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/15/2026)

#4

Jul 15, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of WARDEN, DELANEY HALL DETENTION FACILITY (KAPLAN, SARINA) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/15/2026)

#5

Jul 15, 2026

Letter from U.S. Attorney's Office re Petitioner's Location re 3 Emergent Immigration Habeas Non-transfer Order. (KAPLAN, SARINA) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/15/2026)

Jul 15, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3) [Transferred from New Jersey on 7/30/2026.]

#6

Jul 16, 2026

TEXT ORDER: This matter is before the Court on the pro se Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Venezuela, alleges that, on January 28, 2022, after his initial entry in the United States, Petitioner was released on his own recognizance. (Id. Para. 15.) There is no evidence that Petitioner has violated the conditions of his release. (Id. Paras. 16-17.) Petitioner has applied for asylum (and is in removal proceedings), was granted Temporary Protected Status ("TPS") and employment authorization, and has timely filed for TPS re-registration and for renewal of his employment authorization. (Id. Paras. 12-14, 18-20.) Petitioner is the primary economic and emotional provider for his family, including his pregnant wife. (Id. Paras. 24-25.) Petitioner has no criminal record in the United States or any other country, and his only reported interaction with law enforcement was for a minor traffic violation (for which he paid an $86 fine). (Id. Paras. 26-27.) On July 7, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was working (making home deliveries), and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 28-31.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's motion (Motion) for a temporary restraining order (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2 . The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3), the Motion (ECF No. 2 ), the attachment to the Motion (ECF No. 2 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov and shall send Petitioner a copy of this Text Order by regular U.S. mail. So Ordered by Judge Georgette Castner on 7/16/2026. (jmh) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/16/2026)

#7

Jul 16, 2026

TEXT ORDER: This matter comes before the Court on Respondents' July 15, 2025 letter (Letter), stating that "U.S. Immigration and Customs Enforcement (ICE) has informed this Office that Petitioner was transferred out of the jurisdiction on July 12, 2026, and was checked in at Cibola County Correctional Center in Milan, New Mexico, on the same date." (ECF No. 5 at 1.) Petitioner's pro se habeas petition was filed on July 15, 2026, at 12:20 p.m., and the Court enjoined Respondents from transferring Petitioner pending further order of the Court on July 15, 2026, at 12:42 p.m. (Id.) Within seven (7) days of the date of entry of this Text Order, Petitioner shall SHOW CAUSE why this matter should not be transferred to the United States District Court for the District of New Mexico as the "District of Confinement" pursuant to 28 U.S.C. § 1631 for want of jurisdiction and why this Court should not vacate the July 15, 2026 and July 16, 2026 Text Orders (ECF Nos. 3 & 6 ). Pending the resolution of the "District of Confinement" issue, the Court's July 16, 2026 Text Order (ECF No. 6 ) is STAYED to the extent it orders Respondents to release Petitioner or file an expedited answer. The Clerk of the Court shall update Petitioner's mailing address to the following address: Edgar Leonardo Davila Rangel, A#220-747-441, CIBOLA COUNTY CORRECTIONAL CENTER, 2000 Cibola Loop, PO Box 3540, Milan, NM 87021, and send a copy of this Text Order to Petitioner at the updated address by regular U.S. mail. So Ordered by Judge Georgette Castner on 7/16/2026. (jmh) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/16/2026)

Jul 16, 2026

Filing fee: $ 5, receipt number NWK54576 (dmr3) [Transferred from New Jersey on 7/30/2026.]

Jul 16, 2026

7 Text Order sent to Petitioner at updated address via USPS on 7/16/2026. (jmh) [Transferred from New Jersey on 7/30/2026.]

Jul 16, 2026

6 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov and Text Order sent to Petitioner via USPS on 7/16/2026. (jmh) [Transferred from New Jersey on 7/30/2026.]

#8

Jul 21, 2026

Petitioner's Response to the 7 Court's Order to Show Cause by EDGAR LEONARDO DAVILA RANGEL (arm) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/21/2026)

#9

Jul 30, 2026

TEXT ORDER: This matter is before the Court on pro se Petitioner's response (ECF No. 8 ) to this Court's July 16, 2026 Text Order stating that "Petitioner shall SHOW CAUSE why this matter should not be transferred to the United States District Court for the District of New Mexico as the 'District of Confinement' pursuant to 28 U.S.C. § 1631 for want of jurisdiction and why this Court should not vacate the July 15, 2026 and July 16, 2026 Text Orders (ECF Nos. 3 & 6)" (ECF No. 7). According to Petitioner, he prepared, signed, and transmitted to a family member his petition (Petition) for a writ of habeas corpus under 8 U.S.C. § § 2241 (ECF No. 1 ) while he was physically confined at the Delaney Hall Detention Facility in Newark, New Jersey, prior to his July 12, 2026 transfer to the Cibola County Correctional Center in Milan, New Mexico. (ECF No. 8 at 3.) However, Petitioner admits that he cannot rely on the prison mailbox rule to establish a filing date prior to the transfer "because he transmitted the Petition to a family member rather than directly to the Court through the facility's legal-mail system" (and it was the family member who obtained the filing fee money order and physically mailed the Petition to the Court). (Id. at 3, 5.) "Petitioner acknowledges that if the mailbox rule does not apply, the formal filing date would be July 15, 2026, by which time he had been transferred to New Mexico." (Id. at 5.) "For habeas petitions that challenge present physical confinement, jurisdiction lies in the district of confinement" Benavides Narvaez v. Blanche, No. 26-5914, 2026 WL 1684393, at *1 (D.N.J. June 19, 2026) (citing Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004)). At the time the Petition was filed, Petitioner was confined in the District of New Mexico. Pursuant to 28 U.S.C. § 1631, when a court lacks jurisdiction over a civil action, and it is in the interest of justice, it shall transfer the action to any other court in which the action could have been brought at the time it was filed. The interests of justice weigh in favor of a transfer because, at all relevant times, Petitioner has been confined in New Mexico, and he challenges this detention as unlawful. See Benavides Narvaez, 2026 WL 1684393, at *1. Accordingly, the Court VACATES its July 15, 2026 and July 16, 2026 Text Orders (ECF Nos. 3 & 6). The Clerk of the Court SHALL TRANSFER this matter to the United States District Court for the District of New Mexico. The Clerk of the Court SHALL CLOSE this matter and send a copy of this Text Order to Petitioner by regular U.S. mail. So Ordered by Judge Georgette Castner on 07/30/2026. (pdm) [Transferred from New Jersey on 7/30/2026.] (Entered: 07/30/2026)

#10

Jul 30, 2026

Case transferred in from District of New Jersey; Case Number 3:26-cv-08749. Original file certified copy of transfer order and docket sheet received. (Entered: 07/30/2026)

#11

Jul 30, 2026

NOTICE: In accordance with the Standing Order, filed January 28, 2026 in 26-MC-00004-03 (Doc. 3), the Clerk of Court provides notice of completion of electronic service. A copy of the petition in this matter was provided to all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system. The parties should review the Standing Order, and any further Orders entered in this matter regarding the deadline to respond to the petition. (bc)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/30/2026)

Jul 30, 2026

United States District Judge Sarah M Davenport and United States Magistrate Judge Jerry H. Ritter assigned. (bc)

Jul 30, 2026

Order Dismissing Case

#12

Jul 31, 2026

ORDER TO ANSWER AND ENJOINING TRANSFER by District Judge Sarah M. Davenport: The USAO shall ANSWER the Petition and any pending motions by August 14, 2026. An optional reply is due within 10 days after the answer is filed. The Government is prohibited from transferring or removing Petitioner from the District of New Mexico while this case remains pending. The Clerk's Office shall confirm that the docket lists the following Respondents: the facility Warden; the El Paso Field Office Director, Enforcement and Removal Operations; the U.S. Attorney General; the Acting Director, U.S. Immigration and Customs Enforcement; and Markwayne Mullin, Secretary, U.S. Department of Homeland Security.[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (rz) (Entered: 07/31/2026)

Jul 31, 2026

Order to Answer