District of New Jersey • 2:26-cv-09762

#1

Aug 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17743884.), filed by JOSE CUMATZIL AGUIN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit NOTICE TO APPEAR, # 3 Exhibit NOTICE OF CUSTODY DETERMINATION, # 4 Exhibit ORR VERIFICATION OF RELEASE, # 5 Exhibit SIJS APPROVAL WITH DEFERRED ACTION GRANT, # 6 Exhibit I-765 BIOMETRICS COMPLETION, # 7 Exhibit ICE DETAINEE LOCATOR, # 8 Exhibit EOIR AUTOMATED CASE IFNORMATION)(MENA, ALEXANDER) (Entered: 08/01/2026)

#2

Aug 02, 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 8/2/2026. (jml, ) (Entered: 08/02/2026)

Aug 02, 2026

Add and Terminate Judges

Aug 02, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 02, 2026

Judge Esther Salas added. (jml, )

#3

Aug 03, 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. 2 ). 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 entered the United States without inspection or June 24, 2022, at or near Roma, Texas, was subsequently classified as a minor and transferred to the custody of the Office of Refugee Resettlement ("ORR") in the Department of Health and Human Services, and was released from ORR custody on July 26, 2022 to his cousin. (Pet. Paras. 47-49). On August 26, 2024, Petitioner was approved for Special Immigration Juvenile Status and granted deferred action, and he subsequently received work authorization. (Id. Paras. 50-51). Petitioner has no criminal history. (Id. Para. 55). On or about July 31, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in Palisades Park, New Jersey, while he was on his way to work, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 52-53). 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. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -8), 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 8/3/2026. (ek) (Entered: 08/03/2026)

#4

Aug 03, 2026

Letter from Respondents respectfully providing the court with an update regarding Petitioner's current location and release re 3 Text Order,,,,,,,,,,,,,,,,,. (MAHONEY, MARGARET) (Entered: 08/03/2026)

#5

Aug 03, 2026

TEXT ORDER : This comes before the Court in connection with Respondents' counsel's letter dated August 3, 2026. (D.E. No. 4 ). By Order dated August 2, 2026, the Hon. Renee Marie Bumb, Chief U.S.D.J. enjoined Respondents from transferring Petitioner from the District of New Jersey pending further Order of the Court. (D.E. No. 2 ). By Order dated August 3, 2026, and believing that Petitioner remained in this District at the time, the undersigned directed Respondents to release Petitioner within 24 hours. (D.E. No. 3 ). In her August 3, 2026 letter, counsel advised that Respondents had already transferred Petitioner to San Diego, California before Chief Judge Bumb issued Her Honor's injunction against transfers. This Court's August 3, 2026 Order was intended to ensure that Respondents released Petitioner in New Jersey. So as to effectuate that release as intended, the Court clarifies that: (1) the 24-hour release deadline in the August 3, 2026 Order is hereby VACATED; (2) Respondents shall return Petitioner to New Jersey before releasing Petitioner; and (3) Respondents shall release Petitioner, in New Jersey, within five (5) days of the entry of this Order. So Ordered by Judge Esther Salas on 8/3/2026. (ek) (Entered: 08/03/2026)

Aug 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerk's office has added MARGARET ANN MAHONEY as representing MARKWAYNE MULLIN, TODD BLANCHE, DAVID J. VENTURELLA, and LUIS SOTO in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (fbm)

Aug 03, 2026

QC - Entry of Appearance

Aug 03, 2026

Text Order

#6

Aug 04, 2026

Letter

Aug 04, 2026

Text Order