District of New Jersey • 1:26-cv-13153

#1

Oct 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NWK55434 & NEW55461), filed by JUNIOR EDISON CUMBICUS AVILA. (Attachments: # 1 Exhibit).(dnw) Modified on 10/14/2026 (ps). (Entered: 10/08/2026)

#2

Oct 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 10/8/2026. (mmb) (Entered: 10/08/2026)

Oct 08, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Oct 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, Junior Edison Cumbicus Avila ("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 a native of Ecuador who entered the United States on or about September 19, 2023. Petitioner alleges he was detained by Immigration and Customs Enforcement on October 5, 2026 in Irvington, New Jersey. Petitioner further alleges that he has no final order of removal or criminal history. Petitioner contends that his continued detention violates the Due Process Clause of the Fifth Amendment. 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. So Ordered by Judge Karen M. Williams on October 9, 2026. (Williams, Karen) (Entered: 10/09/2026)

#4

Oct 09, 2026

NOTICE OF CORRECTION OF PETITIONER'S A-NUMBER by JUNIOR EDISON CUMBICUS AVILA (ld) (Entered: 10/09/2026)

Oct 09, 2026

Text Order

#5

Oct 13, 2026

NOTICE of Appearance by DYLAN PATRICK MCGOWAN on behalf of WARDEN, DELANEY HALL DETENTION FACILITY (MCGOWAN, DYLAN) (Entered: 10/13/2026)

#6

Oct 15, 2026

Letter from Respondent re: Petitioner's Bond Hearing. (Attachments: # 1 Exhibit A)(MCGOWAN, DYLAN) (Entered: 10/15/2026)