District of New Jersey • 2:26-cv-13193

#1

Oct 08, 2026

PETITION for Writ of Habeas Corpus RECEIVED (Filing fee $ 5 receipt number NEW55442.), filed by HUMBERTO BRAULINO GUTIERREZ PROANO. N/M(vm) Modified on 10/14/2026 (ps). (Entered: 10/09/2026)

#2

Oct 09, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Jamel K. Semper on 10/9/2026. (vm) (Entered: 10/09/2026)

#3

Oct 14, 2026

NOTICE of Appearance by THOMAS JEFFREY COGHLAN on behalf of ACTING DIRECTOR U.S. I.C.E, FIELD OFFICE DIRECTOR, SECRETARY OF HOMELAND SECURITY, U.S. ATTORNEY GENERAL (COGHLAN, THOMAS) (Entered: 10/14/2026)

#4

Oct 16, 2026

Letter from Thomas Coghlan. (Attachments: # 1 Exhibit)(COGHLAN, THOMAS) (Entered: 10/16/2026)

#5

Oct 22, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus filed by Petitioner Humberto Braulino Gutierrez Proano (ECF No. 1) and Respondents' October 16, 2026 letter regarding the statutory authority for Petitioner's detention (ECF No. 4). Respondents represent that Petitioner is detained pursuant to 8 U.S.C. § 1231(a) because he is subject to an administratively final order of removal entered on April 19, 2023. (ECF No. 4.) Although the immigration judge granted Petitioner withholding of removal to Ecuador under the Convention Against Torture, that relief does not render the removal order nonfinal. See Farooq v. Attorney General of the United States, No. 20-2950, 2023 WL 1813597, at *3 (3d Cir. Feb. 8, 2023). Accordingly, the Court considers Petitioner's detention under the post-removal-order detention framework established by 8 U.S.C. § 1231. Under § 1231(a)(1), the Government generally must remove an individual within the 90-day statutory removal period following the date the removal order becomes administratively final. During that period, detention is generally mandatory. 8 U.S.C. § 1231(a)(2). Although detention under § 1231(a)(6) may continue beyond the removal period, it may not extend indefinitely. Zadvydas v. Davis, 533 U.S. 678, 699 (2001). The Supreme Court has identified six months as the presumptively reasonable period of post-removal-order detention. Id. at 701. Here, Petitioner alleges that ICE arrested him on October 8, 2026. (ECF No. 1 20.) Thus, Petitioner had been detained for approximately eight days when he commenced this action. That period falls well short of the six-month presumptively reasonable period recognized in Zadvydas. On the present record, Petitioner has not established that the duration of his detention violates § 1231 or the constitutional limitation recognized in Zadvydas. Accordingly, the Petition is DENIED WITHOUT PREJUDICE to Petitioner's ability to challenge to the lawfulness of his continued detention should materially different circumstances arise. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Jamel K. Semper on 10/22/2026. (sms) (Entered: 10/22/2026)

Oct 22, 2026

Order of Dismissal

#6

Oct 23, 2026

NOTICE of Appearance by LARISSA MARTINS-KRAMER on behalf of HUMBERTO BRAULINO GUTIERREZ PROANO (MARTINS-KRAMER, LARISSA) (Entered: 10/23/2026)

#7

Nov 05, 2026

Notice of Appearance