District of New Jersey • 3:26-cv-09700

#1

Jul 31, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK54743.), filed by JOSE DANIEL GUAMANGATE TOAQUIZA. (Attachments: # 1 Envelope)(kht) (Entered: 07/31/2026)

#2

Jul 31, 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 7/31/2026. (jjc, ) (Entered: 07/31/2026)

Jul 31, 2026

Notice of Judicial Preferences

Jul 31, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (kht)

Jul 31, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Aug 03, 2026

MEMORANDUM AND ORDER denying Petitioner's request for an Order to Show Cause. Respondents shall file an answer to the Petition within 14 days of this Order. Signed by Judge Georgette Castner on 8/3/2026. (dmr3) (Entered: 08/03/2026)

#4

Aug 11, 2026

Notice of Appearance

#5

Aug 17, 2026

RESPONSE to Petition for Writ of Habeas Corpus by ALVIN M. DAVIS. (Attachments: # 1 Exhibit 1 - Form I-213)(HERIC, JACOB) (Entered: 08/17/2026)

#6

Aug 23, 2026

TRAVERSE RESPONSE to Respondent's Response by JOSE DANIEL GUAMANGATE TOAQUIZA. (Received via ADS) (mlh) (Entered: 08/24/2026)

Aug 24, 2026

Notice of NEF Consent

Aug 24, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, JOSE DANIEL GUAMANGATE TOAQUIZA has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (mlh)

#7

Aug 25, 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 ), Respondents' expedited response (ECF No. 5 ), and Petitioner's reply (ECF No. 6 ). Respondents acknowledge that Petitioner unlawfully entered the United States on or about March 10, 2024, was apprehended on that same date by a border patrol agent and served with a Notice to Appear, and was then released from custody due to humanitarian reasons and lack of detention space. (ECF No. 5 at 1-2.) On July 20, 2026, Petitioner was apprehended and returned to custody for allegedly failing to comply with his reporting requirements. (Id. at 2.) Petitioner has no known criminal history. (ECF No. 5 -1 at 3.) Respondents assert that Petitioner is subject to detention without bond under 28 U.S.C. § 1225(b)(2). (ECF No. 5 at 2.) Based on the factual record 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), Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), and F-U-V- v. Soto, No. 26-1765, 2026 WL 2268637 (D.N.J. Aug. 6, 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. So Ordered by Judge Georgette Castner on 8/25/2026. (jmh) (Entered: 08/25/2026)

Aug 25, 2026

Text Order

#8

Aug 27, 2026

Letter

Aug 28, 2026

Order of Dismissal AND Text Order