District of New Jersey • 2:26-cv-09821

#1

Aug 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17754101.), filed by JUAN P ILLIACHI-MOROCHO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - ICE Locator Results, # 3 Certificate of Service)(BERMUDEZ, KELLY) (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, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN (KAPLAN, SARINA) (Entered: 08/04/2026)

#4

Aug 04, 2026

TEXT ORDER: Petitioner Juan Pedro Illiachi-Morocho filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging that Respondents are unlawfully detaining him under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Petitioner alleges that he entered the United States in approximately 2021; was apprehended on July 29, 2026, while walking home from work in Newark, New Jersey, during an interior immigration-enforcement operation; is not subject to a final order of removal; and has no criminal history. Id. 4-7, 22-27. The Petition further alleges that Petitioner's present place of confinement and immediate custodian are unknown. Id. 13-15, 28. Because the Petition seeks immediate release based in part on Petitioner's asserted lack of criminal history, it is ORDERED that, within 24 hours of the entry of this Order, Petitioner's counsel shall file a certification pursuant to Federal Rule of Civil Procedure 11(b)(3) stating that counsel has conducted an inquiry reasonable under the circumstances into Petitioner's criminal history. The certification shall briefly describe the inquiry undertaken and state whether, based on that inquiry, counsel can certify that Petitioner has never been arrested or convicted and has no pending criminal charges, outstanding warrants, or other criminal history. If counsel cannot make that certification in full, counsel shall identify each qualification and its factual basis. Within 24 hours of the filing of counsel's certification, Respondents shall either: (1) file an expedited answer to the Petition if they contest Petitioner's factual allegations, contend that Petitioner has any criminal history, or assert that this matter is otherwise distinguishable from the recent decisions in this District addressing detention under § 1225(b); or (2) release Petitioner from custody. Any expedited answer shall identify Petitioner's current place of confinement and immediate custodian, state the statutory basis for his detention, address whether he is subject to a final order of removal, identify any criminal history, and attach the records upon which Respondents rely. Petitioner may file a reply within 24 hours of the filing of Respondents' expedited answer. If Respondents do not file an expedited answer within the time permitted, accepting Petitioner's factual allegations as true, the Court concludes that his mandatory detention under § 1225(b) is unlawful and violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. Respondents shall release Petitioner no later than the expiration of that same 24-hour period and shall file written notice of his release within 24 hours thereafter. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with 8 C.F.R. §§ 236.1(c)(8) and (d).. So Ordered by Judge Evelyn Padin on 8/4/2026. (bt) (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. (KAPLAN, SARINA) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

Aug 04, 2026

Judge Evelyn Padin added. (ijf)

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Aug 05, 2026

Certification on behalf of JUAN P ILLIACHI-MOROCHO Re 4 Text Order,,,,,,,,,,,,. (Attachments: # 1 Exhibit 1 - Sworn Statement Provided by Partner, # 2 Exhibit 2 - Letter from Church, # 3 Certificate of Service)(BERMUDEZ, KELLY) (Entered: 08/05/2026)

#7

Aug 06, 2026

Letter from U.S. Attorney's Office re Petitioner's Release re 4 Text Order,,,,,,,,,,,,. (KAPLAN, SARINA) (Entered: 08/06/2026)