District of New Jersey • 2:26-cv-09815

#1

Aug 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17752971.), filed by JOSE ANTONIO GUAIPACHA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ALTMAN, STUART) (Entered: 08/04/2026)

#2

Aug 04, 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 8/4/2026. (ijf) (Entered: 08/04/2026)

#3

Aug 04, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN (KAPLAN, SARINA) (Entered: 08/04/2026)

#4

Aug 04, 2026

TEXT ORDER: Currently pending before the Court is a petition for a writ of habeas corpus. ECF No. 1 . Petitioner alleges that he is being unlawfully detained under 8 U.S.C. § 1225. Id. at 2-3, 9-12. If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a significant criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within 48 hours of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within 48 hours of entry of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 8/4/2026. (jr) Modified on 8/5/2026 (jr). (Entered: 08/04/2026)

#5

Aug 04, 2026

Letter from U.S. Attorney's Office re Petitioner's Location re 2 Emergent Immigration Habeas Non-transfer Order, 4 Text Order,,,,,. (Attachments: # 1 Exhibit Ex 1 - Notice to EOIR)(KAPLAN, SARINA) (Entered: 08/04/2026)

Aug 04, 2026

Judge Claire C. Cecchi added. (ijf)

Aug 04, 2026

Text Order

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Aug 05, 2026

TEXT ORDER: The Court is in receipt of Respondents' letter, which indicates that Petitioner was moved to Louisiana before the entry of the Court's no transfer order. ECF No. 5 . Respondents also represent that they are prepared to arrange for Petitioner's return to New Jersey so that he may be released. Id. Accordingly, Respondents are hereby ordered to facilitate Petitioner's return to New Jersey and shall release him upon doing so. So Ordered by Judge Claire C. Cecchi on 8/5/2026. (jr) (Entered: 08/05/2026)

#7

Aug 05, 2026

Letter from U.S. Attorney's Office re Extension Request re 4 Text Order,,,,, 6 Text Order,,. (KAPLAN, SARINA) (Entered: 08/05/2026)

Aug 05, 2026

Text Order

#8

Aug 06, 2026

LETTER ORDER granting Respondents' Request for an extension of time to comply with the Court's Order until Sunday, 8/9/2026. Signed by Judge Claire C. Cecchi on 8/6/2026. (dam) (Entered: 08/06/2026)