District of New Jersey • 2:26-cv-09803

#1

Aug 03, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17751055.), filed by ALVARO SIMEON FUENTES PEREZ. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit)(MIRON, ALEXANDRA) (Entered: 08/03/2026)

#2

Aug 03, 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 8/3/2026. (jml, ) (Entered: 08/03/2026)

Aug 03, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 03, 2026

Add and Terminate Judges

Aug 03, 2026

Judge Esther Salas added. (jml, )

#3

Aug 04, 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 in 2010, and has resided continuously in this country since his entry. (Pet. Para. 33). Based on information and belief, he alleges that he does not have a criminal record. (Id. Para. 34). On August 3, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in Irvington, New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 33). 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 -3), 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 8/4/2026. (ek) (Entered: 08/04/2026)

#4

Aug 04, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (KAPLAN, SARINA) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

#5

Aug 05, 2026

Letter from U.S. Attorney's Office re Petitioner's Release re 3 Text Order,,,,,,,,,,,,,,,. (KAPLAN, SARINA) (Entered: 08/05/2026)

#6

Aug 05, 2026

TEXT ORDER : This matter comes before the Court on Respondents' August 5, 2026 letter indicating that, pursuant to this Court's August 4, 2026 Text Order, (D.E. No. 3 ), Petitioner was released from ICE custody on August 4, 2026. (D.E. No. 5 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 8/5/2026. (ek) (Entered: 08/05/2026)

Aug 05, 2026

***Civil Case Terminated. (ek)

Aug 05, 2026

Terminate Civil Case

Aug 05, 2026

Text Order