District of New Jersey • 2:26-cv-09651

#1

Jul 31, 2026

PETITION for Writ of Habeas Corpus, filed by JORGE AUGUSTO INGA FLORES via NEXT OF FRIEND ZAIDA ORREGO (Attachments: # 1 Civil Cover Sheet) (RECEIVED VIA ADS)(adc, ) (Entered: 07/31/2026)

#2

Jul 31, 2026

EMERGENCY MOTION for expedited consideration by JORGE AUGUSTO INGA FLORES. (RECEIVED VIA ADS) (adc, ) (Entered: 07/31/2026)

#3

Jul 31, 2026

Notice of Guidelines for Appearing Pro Se (adc, ) (Entered: 07/31/2026)

#4

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. (adc, ) (Entered: 07/31/2026)

#5

Jul 31, 2026

TEXT ORDER: Petitioner Jorge Augusto Inga Flores is a citizen of Peru who alleges that he entered the United States on a B-2 visa in 2016 and overstayed. (ECF No. 1, Petition at 11.) Petitioner has a pending asylum application. (Id. at 11.) He alleges that he has only a misdemeanor traffic violation on his criminal record. (Id. at 11-12.) Petitioner has significant ties to the United States, including a U.S. citizen brother and a lawful permanent resident mother. (Id.) He was arrested by Immigration and Customs Enforcement ("ICE") on June 28, 2026, at the place of his employment. (Id. at 12.) He contends that he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 11-15.) Along with his Petition, Petitioner filed an emergency motion for expedited consideration, ECF No. 2 ("Emergency Motion"), seeking to enjoin his transfer outside New Jersey while this proceeding is pending and for an expedited resolution of his Petition. In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is,ORDERED that Respondents shall release Petitioner by 5:00 p.m. on August 2, 2026, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer by 5:00 p.m. on August 2, 2026, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, Emergency Motion, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/31/26. (cm, ) (Entered: 07/31/2026)

Jul 31, 2026

Order

Jul 31, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 31, 2026

Filing fee: $ 5, receipt number NEW54737 (jr)

#6

Aug 02, 2026

Letter from US Attorney's Office, Expedited Answer re 5 Order,,,,,,,,,,,. (Attachments: # 1 Exhibit Ex. 1 - I-213, Record of Deportable_Inadmissible Alien, # 2 Exhibit Ex. 2 - I-862, Notice to Appear, # 3 Exhibit Ex. 3 - I-200, Warrant for Arrest of Alien, # 4 Exhibit Ex. 4 - I-286, Notice of Custody Determination)(VIEYRA, ELIZABETH) (Entered: 08/02/2026)

#7

Aug 02, 2026

NOTICE of Appearance by ELIZABETH VIEYRA on behalf of FIELD OFFICE DIRECTOR, OFFICER IN CHARGE / FACILITY DIRECTOR (VIEYRA, ELIZABETH) (Entered: 08/02/2026)

#8

Aug 03, 2026

CERTIFICATE OF SERVICE by FIELD OFFICE DIRECTOR, OFFICER IN CHARGE / FACILITY DIRECTOR re 6 Letter, (VIEYRA, ELIZABETH) (Entered: 08/03/2026)

Aug 03, 2026

Filing Fee Received