District of New Jersey • 2:26-cv-10438

#1

Aug 17, 2026

PETITION for Writ of Habeas Corpus, filed by FABIAN RICARDO VERA ILLESCAS. (Attachments: # 1 Application IFP)(pm, ) (Entered: 08/17/2026)

#2

Aug 17, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Chief Judge Renee Marie Bumb on 8/17/2026. (pm, ) (Entered: 08/17/2026)

#3

Aug 20, 2026

NOTICE of Appearance by ANDREW KEENAN on behalf of WARDEN (KEENAN, ANDREW) (Entered: 08/20/2026)

#4

Aug 20, 2026

Letter from Respondents re Petitioner's Criminal History. (Attachments: # 1 Exhibit A - Criminal History Report)(KEENAN, ANDREW) (Entered: 08/20/2026)

#5

Aug 24, 2026

TEXT ORDER: Before the Court is Respondents' expedited answer, arguing that Petitioner is detained under 8 U.S.C. 1225(b)(2) and informing the Court of Petitioner's criminal history. (See ECF No. 4.) Respondents submit that in December 2021, Petitioner was arrested on charges of simple assault. (Id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). 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 which the Court has found in inapplicable to him. And 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 her 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 the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/24/2026. (lr, ) (Entered: 08/24/2026)

Aug 24, 2026

***Civil Case Terminated. (wh)

Aug 24, 2026

Terminate Civil Case

Aug 24, 2026

Text Order