District of New Jersey • 2:26-cv-09718

#1

Jul 31, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17741474.), filed by ESTEBAN TEPEU PEREZ. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 07/31/2026)

#2

Jul 31, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by ESTEBAN TEPEU PEREZ. (DUQUE-ISERN, STEPHANIE) (Entered: 07/31/2026)

#3

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

Jul 31, 2026

Judge Esther Salas added. (jml, )

Jul 31, 2026

Add and Terminate Judges

Jul 31, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Aug 02, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Guatemala, alleges that he has resided in the United States since approximately 2003. (Pet. Para. 20). Petitioner has no criminal history. (Id. Para. 22). On or about July 28, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was walking home, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 21). Petitioner is pre-diabetic and requires appropriate medical monitoring in detention. (Id. Para. 22). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing 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); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. 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 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) 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. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. Petitioner's motion for temporary restraining order, (D.E. No. 2 ("Motion")), is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachment to the Petition, (D.E. No. 1 -1), the Motion, (D.E. No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 8/2/2026. (ek) (Entered: 08/02/2026)

Aug 02, 2026

Text Order

#5

Aug 04, 2026

Notice of Appearance

#6

Aug 04, 2026

Letter

Aug 05, 2026

Text Order

Aug 05, 2026

Terminate Civil Case