District of New Jersey • 1:26-cv-11555

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Sep 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17906382.), filed by LENIN ALEX MARINO BUSTOS. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum)(DESPOTOVICH, DEAN) (Entered: 09/08/2026)

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Sep 08, 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 9/8/2026. (ijf) (Entered: 09/08/2026)

Sep 08, 2026

Emergent Immigration Habeas Non-transfer Order

Sep 08, 2026

Judge Karen M. Williams added. (ijf)

Sep 08, 2026

Add and Terminate Judges

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Sep 09, 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 Lenin Alex Marino Bustos ("Petitioner"), who is detained by U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1.) Petitioner alleges that he entered the United States through the Visa Waiver Program in or about July 2013, has remained in the United States since that time, and was apprehended in the interior of the United States on September 1, 2026. Petitioner further alleges that he has no criminal history or final order of removal. Petitioner contends that he is mandatorily detained without a bond hearing under the unlawful application of § 1225(b)(2), in violation of the Due Process Clause of the Fifth Amendment. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that (a) unless Respondents identify an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. 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 the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on September 9,2026. (Williams, Karen) (Entered: 09/09/2026)

Sep 09, 2026

Text Order

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Sep 14, 2026

Notice of Appearance

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Sep 14, 2026

Letter

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Sep 18, 2026

Letter