District of New Jersey • 2:26-cv-09837

#1

Aug 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17756064.), filed by FREDDY LANDI POMAVILLA. (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 8/4/26. (jbb) (Entered: 08/04/2026)

#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 Ecuador, alleges that he entered the United States by crossing the border with Mexico near Texas without inspection on or about June 1, 2007, and has continuously resided in the United States for approximately nineteen years. (Pet. Para. 21). Petitioner is the father of two U.S. citizen children (aged ten and six), his parents are lawful permanent residents, and he has three U.S. citizen sisters. (Id. Para. 26). Petitioner was previously the derivative beneficiary on his mother's asylum application, and she has filed a pending Form I-130 Petition for Alien Relative on his behalf. (Id. Para. 28). Petitioner purchased a house with his partner in Irvington, New Jersey, in 2026, has worked continuously in the construction industry for many years, and has been self-employed since 2022. (Id. Para. 27). "Petitioner has no criminal convictions or history." (Id. Para. 28). According to the Petition, Petitioner has been in ICE custody since August 1, 2026, and he is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 29-30). 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)

Aug 04, 2026

Judge Esther Salas added. (jbb)

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 04, 2026

Text Order

#4

Aug 06, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, WARDEN (KAPLAN, SARINA) (Entered: 08/06/2026)

#5

Aug 06, 2026

Letter from U.S. Attorney's Office re Petitioner's Release re 3 Text Order,,,,,,,,,,,,,,,,,. (KAPLAN, SARINA) (Entered: 08/06/2026)