District of New Jersey • 2:26-cv-09855

#1

Aug 04, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17757861.), filed by MANUEL NECTARIO LALA LALA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (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: 08/05/2026)

Aug 04, 2026

Judge Esther Salas added. (jbb)

Aug 05, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 05, 2026

Add and Terminate Judges

#3

Aug 06, 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 on or about August 7, 2021, was released on his own recognizance, and placed in removal proceedings. (Pet. Paras. 27-28). Petitioner and his family have resided in New Jersey, Petitioner has applied for asylum, withholding of removal, and protection under the Convention Against Torture, Petitioner is the father of a U.S. citizen child and Petitioner has been diligently working to support his family. (Id. Paras. 29-31, 33). Petitioner "has never been arrested or involved in any way in any type of criminal matters." (Id. Para. 31; see also Para. 2 (alleging that there are no criminal charges "pending or ever filed" against Petitioner anywhere in the world)). On August 3, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was sitting in his car in Irvington, New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 2). 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 attachment to the Petition, (D.E. No. 1 -1), 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 8/6/2026. (ek) (Entered: 08/06/2026)

Aug 06, 2026

Text Order

#4

Aug 07, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (ZARRILLO, BRIDGET) (Entered: 08/07/2026)

#5

Aug 07, 2026

RESPONSE to Petition for Writ of Habeas Corpus by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit Ex 1- Municipal Court Case Search History, # 2 Exhibit Ex 2- 2/11/26 Ticket, # 3 Exhibit Ex 3- 2/11/26 Ticket 2, # 4 Exhibit Ex 4- 2/11/26 Ticket 3, # 5 Exhibit Ex 5- 2/11/26 Ticket 4, # 6 Exhibit Ex 6- 12/19/25 Ticket, # 7 Exhibit Ex 7- Warrant 1 Ticket, # 8 Exhibit Ex 8- Warrant 2 Ticket, # 9 Exhibit Ex 9- 5/5/25 Ticket, # 10 Exhibit Ex 10- 1/7/25 Ticket, # 11 Exhibit Ex 11- 1/7/25 Ticket 2, # 12 Exhibit Ex 12- 6/18/24 Ticket)(ZARRILLO, BRIDGET) (Entered: 08/07/2026)

#6

Aug 11, 2026

REPLY to Response re 5 Response to Habeas Petition,,. (SIMBRON, NOEMI) (Entered: 08/11/2026)

#7

Aug 12, 2026

TEXT ORDER : This matter comes before the Court on Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), Respondents' expedited response, (D.E. No. 5), and Petitioner's reply, (D.E. No. 6 ("Reply")). In an August 6, 2026 Text Order, (D.E. No. 3 ("August 6, 2026 Text Order")), the Court ordered Respondents to release Petitioner within twenty-four (24) hours, or alternatively, "if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history,... file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order." As the Court noted in the August 6, 2026 Text Order, Petitioner alleged that he has never been arrested or involved in any way in any type of criminal matters and that there are no criminal charges pending or filed against him anywhere in the world. (Id.). Respondents note that Petitioner has a substantial history of parking and traffic tickets and violations, and the records indicate two active Municipal Court arrest warrants (both dated August 13, 2025). (Resp. at 1-2). However, Respondent acknowledges that Petitioner "appears to have no criminal convictions," and the vehicle offenses "are not in violation of the New Jersey Code of Criminal Justice, codified in Chapter 2C of the New Jersey[ ] Statutes Annotated." (Id. at 1, 2 n.1). It is also undisputed that none of the violations involve "quasi criminal charges such as Driving Under the Influence" and that the warrants have been vacated. (Reply at 1-2 (emphasis omitted)). Accordingly, the Court concludes that release from detention constitutes the appropriate remedy in the present circumstances. Within twenty-four (24) hours of the time of entry of this Text Order, Respondents shall release Petitioner. Respondents 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. So Ordered by Judge Esther Salas on 8/12/2026. (ek) (Entered: 08/12/2026)

Aug 12, 2026

Text Order

#8

Aug 13, 2026

Letter from Respondents regarding Petitioner's release from custody. (ZARRILLO, BRIDGET) (Entered: 08/13/2026)

#9

Aug 13, 2026

TEXT ORDER : This matter comes before the Court on Respondents' August 13, 2026 letter indicating that, pursuant to this Court's August 12, 2026 Order, (D.E. No. 7 ), Petitioner was released from ICE custody on August 12, 2026. (D.E. No. 8 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the provisions of its Orders, (D.E. Nos. 2 and 3 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's removal 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 8/13/2026. (ek) (Entered: 08/13/2026)

Aug 13, 2026

Terminate Civil Case

Aug 13, 2026

Text Order

Aug 13, 2026

***Civil Case Terminated. (ek)