District of New Jersey • 2:26-cv-09848

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Aug 04, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17757496.), filed by HENRY STALIN NUNEZ ZURITA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Civil Cover Sheet)(MIRON, ALEXANDRA) (Entered: 08/04/2026)

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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. (jml, ) (Entered: 08/04/2026)

Aug 04, 2026

Judge Julien Xavier Neals added. (jml, )

Aug 04, 2026

Add and Terminate Judges

Aug 04, 2026

Emergent Immigration Habeas Non-transfer Order

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Aug 05, 2026

TEXT ORDER - Before the Court is Petitioner Henry Stalin Nunez Zurita's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Ecuador, who entered the United States in 2021 without inspection, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally ECF No. 1 .) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he entered the country years ago and has been detained on the interior of the country. As such, his continued detention under that statute is unlawful. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2) which the Court has found inapplicable to him. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 8/5/2026. (kd) (Entered: 08/05/2026)

Aug 05, 2026

Text Order