District of New Jersey • 2:26-cv-10198

#1

Aug 12, 2026

PETITION for Writ of Habeas Corpus, filed by JORGE ARMANDO VILLANUEVA GONZALES. (Attachments: # 1 Cover Letter, # 2 Declaration, # 3 Exhibits)(pm, ) (Entered: 08/12/2026)

#2

Aug 12, 2026

MOTION for Immediate Release without Bond by JORGE ARMANDO VILLANUEVA GONZALES. (pm, ) (Entered: 08/12/2026)

#3

Aug 12, 2026

MOTION for Temporary Restraining Order by JORGE ARMANDO VILLANUEVA GONZALES. (pm, ) (Entered: 08/12/2026)

#4

Aug 12, 2026

MOTION to Appoint Pro Bono by JORGE ARMANDO VILLANUEVA GONZALES. (pm, ) (Entered: 08/12/2026)

#5

Aug 12, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Julien Xavier Neals on 8/12/2026. (pm, ) (Entered: 08/12/2026)

Aug 12, 2026

Filing fee: $5, receipt number NEW54853. (ps)

Aug 12, 2026

Filing Fee Received

#6

Aug 17, 2026

NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of WARDEN, DELANEY HALL (STRATIGEAS, CHRISTOPHER) (Entered: 08/17/2026)

#7

Aug 17, 2026

Letter from Respondents re: Petitioner's Criminal History re 5 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit A - Criminal History Record)(STRATIGEAS, CHRISTOPHER)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 08/17/2026)

#8

Aug 18, 2026

TEXT ORDER - Before the Court is Petitioner Jorge Armando Villanueva Gonzales' ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Also before the Cout is Petitioner's Motion for Immediate Release (ECF No. 2 ), Motion for Temporary Restraining Order (ECF No. 3 ), and Motion to Appoint Counsel (ECF No. 4 ). Petitioner, a native of Peru, who entered the United States in 2022, contends that Petitioner is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Respondents filed a letter informing the Court that Petitioner was found guilty of driving under the influence in January 2024. (ECF Nos. 7, 7-1.) 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 Petitioner has resided in the country and was detained years later on the interior of the country. As such, Petitioner's continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained Petitioner under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is further ORDERED that Petitioner's Motion for Immediate Release (ECF No. 2 ), Motion for Temporary Restraining Order (ECF No. 3 ), and Motion to Appoint Counsel (ECF No. 4 ) are DISMISSED. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. Ordered by Judge Julien Xavier Neals on 8/18/2026. (kd) (Entered: 08/18/2026)

Aug 18, 2026

Terminate Civil Case

Aug 18, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion to Appoint Pro Bono

Aug 18, 2026

***Civil Case Terminated. (wh)

#9

Aug 26, 2026

Letter from Respondents re: Petitioner's Bond Hearing Before the Immigration Judge re 8 Order on Motion for TRO,,,,,,,,,,, Order on Motion to Appoint Pro Bono,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,. (Attachments: # 1 Exhibit August 24, 2026 Order of the Immigration Judge)(STRATIGEAS, CHRISTOPHER) (Entered: 08/26/2026)

#10

Aug 31, 2026

MOTION to Seal Exhibit A to ECF No 7 by WARDEN, DELANEY HALL. (Attachments: # 1 Declaration of Christopher J. Stratigeas, # 2 Text of Proposed Order, # 3 Certificate of Service)(STRATIGEAS, CHRISTOPHER) (Entered: 08/31/2026)

#11

Sep 01, 2026

ORDER, FINDINGS OF FACT, and CONCLUSIONS OF LAW. Signed by Judge Julien Xavier Neals on 9/1/2026. (lag, ) (Entered: 09/01/2026)

Sep 01, 2026

Set Deadlines as to 10 MOTION to Seal Exhibit A to ECF No 7. Motion set for 10/5/2026 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

Sep 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings