District of New Jersey • 1:26-cv-11030

#1

Aug 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17861338.), filed by CARLOS ALFREDO MALIZA LLUMITAXI. (Attachments: # 1 Civil Cover Sheet, # 2 Brief, # 3 Text of Proposed Order, # 4 Certification, # 5 Certificate of Service)(ALLEN, MARIBEL) (Entered: 08/27/2026)

#2

Aug 27, 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 8/27/2026. (dmw ) Modified on 8/27/2026 (dmw, ). (Entered: 08/27/2026)

#3

Aug 27, 2026

TEXT ORDER - : The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed by Petitioner, Carlos Alfredo Maliza Llumitaxi ("Petitioner"). (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Ecuador who entered the United States without inspection in May 2022 and subsequently resided and worked in New Jersey. Petitioner alleges ICE detained him on August 21, 2026, while he was working at a construction site in East Orange, New Jersey, and he remains detained at Delaney Hall. Petitioner alleges that he has no criminal convictions and is not subject to a final order of removal. He further alleges that, following his detention, immigration officials coerced him into signing a voluntary-departure agreement without a knowing or voluntary waiver of his rights, notwithstanding his asserted eligibility for asylum and protection under the Convention Against Torture. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (Id.) If Respondents determine that Petitioner (1) does NOT have a criminal history, and (2) is NOT subject to a final order of removal, Respondents shall release Petitioner within twenty-four (24) hours of the entry of this Order (a) in the State of New Jersey, if Petitioner was initially arrested in New Jersey, or otherwise as close to the place of initial arrest as reasonably practicable; (b) without additional conditions (such as ankle monitors or other electronic tracking devices); and (c) with all personal property seized at the time of arrest in the same condition as it existed immediately prior to arrest. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying (1) whether Petitioner has a criminal history, (2) whether Petitioner is subject to a final order of removal, and (3) the statutory authority under which Petitioner continues to be detained. Upon receipt of that letter, the Court will determine whether an expedited scheduling order or other proceedings are necessary. So Ordered by Judge Karen M. Williams on August 27, 2026. (Williams, Karen) (Entered: 08/27/2026)

Aug 27, 2026

Text Order

Aug 27, 2026

Add and Terminate Judges

Aug 27, 2026

Notice of Judicial Preferences

Aug 27, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 27, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmw)

Aug 27, 2026

Judge Karen M. Williams added. (dmw) Modified on 8/27/2026 (dmw, ).

#4

Aug 28, 2026

Notice of Appearance

#5

Aug 31, 2026

Letter

Sep 11, 2026

Text Order

Sep 14, 2026

Terminate Civil Case