District of New Jersey • 1:26-cv-12200

#1

Sep 15, 2026

PETITION for Writ of Habeas Corpus, filed by VICTOR HERNANDEZ PAREZ.(mfr) (Entered: 09/15/2026)

#2

Sep 15, 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 9/15/2026. (mfr) (Entered: 09/15/2026)

Sep 15, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Sep 16, 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, Victor Hernandez Parez ("Petitioner"), proceeding pro se, who is detained by U.S. Immigration and Customs Enforcement ("ICE") at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Guatemala who entered the United States without inspection on or about November of 2018. (ECF No. 1.) Petitioner further alleges that he was detained by ICE on September 11, 2026, and that he has no criminal history or final order of removal. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment, is arbitrary and unreasonable, and causes irreparable harm. (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 unless Respondents identify: (a) 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. The Court notes that Petitioner did not pay the $5 filing fee for a habeas petition pursuant to 28 U.S.C. § 1914(a), nor has he submitted an application to proceed in forma pauperis ("IFP") under 28 U.S.C. § 1915(a). Accordingly, it is ORDERED that Petitioner must pay the required $5 filing fee pursuant to 28 U.S.C. § 1914(a) or submit an in forma pauperis ("IFP") application pursuant to 28 U.S.C. § 1915(a) within 14 days of this Order. The Clerk of Court shall mail a copy of this Order, along with an IFP Application, Form AO 239, to Petitioner via regular mail. So Ordered by Judge Karen M. Williams on September 16, 2026. (Williams, Karen) (Entered: 09/16/2026)

Sep 16, 2026

Text Order

Sep 17, 2026

Filing Fee Received