District of New Jersey • 1:26-cv-13110

#1

Oct 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18040986.), filed by MIGUEL SHUMI-ESPINOZA. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 10/07/2026)

#2

Oct 07, 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 10/7/2026. (ijf) (Entered: 10/07/2026)

Oct 07, 2026

Emergent Immigration Habeas Non-transfer Order

Oct 07, 2026

Judge Karen M. Williams added. (ijf)

Oct 07, 2026

Add and Terminate Judges

#3

Oct 08, 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, Miguel Shumi-Espinoza ("Petitioner"), who is detained by U.S. Immigration and Customs Enforcement ("ICE") at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is detained pursuant to 8 U.S.C. § 1226(a), and an order of removal was entered or reinstated on August 16, 2026. Petitioner contends that his continued detention is unlawful because the Department of Homeland Security has not yet produced a warrant in relation to his October 3, 2026 arrest. Petitioner requests immediate release. (Id.) Accordingly, Respondents shall SHOW CAUSE, within seven (7) days of the filing of this Order, why the relief sought within the Petition should not be granted. Petitioner may file a reply within three (3) days after Respondents file their response. Petitioner shall not be transferred from New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on October 8, 2026. (Williams, Karen) (Entered: 10/08/2026)

Oct 08, 2026

Text Order

#4

Oct 20, 2026

Notice of Appearance

#5

Oct 20, 2026

Letter

#6

Nov 05, 2026

TEXT ORDER: This matter comes before the Court upon the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 (ECF No. 1), and Respondents' letter responding to the Court's October 8, 2026 Order to Show Cause (ECF No. 5). Respondents represent that Petitioner, a native and citizen of Ecuador, is subject to a final order of removal entered on August 17, 2026, which became administratively final upon Petitioner's failure to appeal. Respondents further represent that ICE detained Petitioner pursuant to 8 U.S.C. § 1231(a) on October 3, 2026. Under 8 U.S.C. § 1231(a)(1)-(2), the Government generally has a 90-day removal period during which detention is mandatory. Following that period, detention may continue pursuant to § 1231(a)(6), subject to the limitations set forth in Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Here, Petitioner has been detained for approximately 30 days pursuant to the final order of removal. Accordingly, any challenge to the reasonableness of his continued detention under Zadvydas is premature. See Kevin A.M. v. Essex Cnty. Corr. Facility, No. 21-11212, 2021 WL 4772130, at *2 (D.N.J. Oct. 12, 2021). The Petition therefore fails to establish that Petitioner is entitled to habeas relief at this time. Accordingly, it is ORDERED that the Petition for a Writ of Habeas Corpus (ECF No. 1) is DENIED WITHOUT PREJUDICE as premature; and it is further ORDERED that the Clerk of Court shall CLOSE this matter. So Ordered by Judge Karen M. Williams on 11/5/26. (nar) (Entered: 11/05/2026)

Nov 05, 2026

Order of Dismissal