District of New Jersey • 2:26-cv-13435

#1

Oct 15, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-18067677.), filed by SAM MICAEL NOELIZAIRE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A- ICE Detainee Locator, # 3 Exhibit B- I-94 Record REDACTED, # 4 Exhibit C- Passport and Parole Stamp REDACTED, # 5 Exhibit D- I-589 Receipt and Biometrics Notice, # 6 Exhibit E- EOIR ACIS and ECAS No Case)(PIERRE, CALVIN) (Entered: 10/15/2026)

#2

Oct 15, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Julien Xavier Neals on 10/15/2026. (ijf) (Entered: 10/15/2026)

Oct 15, 2026

Add and Terminate Judges

Oct 15, 2026

Judge Julien Xavier Neals added. (ijf)

#3

Oct 19, 2026

NOTICE of Appearance by JACOB HERIC on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID J. VENTURELLA (HERIC, JACOB) (Entered: 10/19/2026)

#4

Oct 21, 2026

AMENDED DOCUMENT by SAM MICAEL NOELIZAIRE. Amended Habeas Corpus Petition. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A- ICE Detainee Locator, # 3 Exhibit B- I-94 Record REDACTED, # 4 Exhibit C- Passport and Parole Stamp REDACTED, # 5 Exhibit D- I-589 Receipt and Biometrics Notice, # 6 Exhibit E- EOIR ACIS and ECAS No Case, # 7 Exhibit F- NTA REDACTED, # 8 Exhibit G- I-200 Warrant, # 9 Exhibit H- I-286, # 10 Exhibit I- Declaration of Wilgenson Poteau SIGNED, # 11 Exhibit J-Sponsor US Passport Redacted)(PIERRE, CALVIN) (Entered: 10/21/2026)

#5

Oct 21, 2026

Letter from Respondents in Response to ECF No. 2 and Requesting Extension of Time. (Attachments: # 1 Exhibit A - Ticket Detail)(HERIC, JACOB) (Entered: 10/21/2026)

#6

Oct 22, 2026

TEXT ORDER - Before the Court is Respondents' letter requesting an extension of time to file a response. (ECF No. 5 .) Accordingly, it is ORDERED that Respondents' request for an extension (ECF No. 5 ) is GRANTED, and Respondents shall file a response within two days of the entry of this Text Order.So Ordered by Judge Julien Xavier Neals on 10/22/2026. (kd) (Entered: 10/22/2026)

Oct 22, 2026

Text Order

#7

Oct 23, 2026

Letter from Respondents Regarding Detention Authority. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - Form I-286)(HERIC, JACOB) (Entered: 10/23/2026)

#8

Oct 27, 2026

RESPONSE re 7 Letter, 5 Letter. (PIERRE, CALVIN) (Entered: 10/27/2026)

#9

Oct 30, 2026

TEXT ORDER - Before the Court is Petitioner Sam Michael Noelizaire's ("Petitioner") Amended Petition for Writ of Habeas Corpus ("Amended Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing. (ECF No. 4 .) Petitioner entered the United States in May 2024 and was paroled into the country on May 21, 2024. (See ECF No. 4 at 8.) Respondents filed a letter claiming Petitioner's "criminal history" consists of a January 12, 2026 parking ticket. (See ECF No. 5 .) Respondents submit that Petitioner is detained under 8 U.S.C. § 1225(b)(2), as he was previously paroled into the country. (ECF No. 1 .) Respondents acknowledge that the precedential decision in Buele Morocho v. Warden Philadelphia FDC, 189 F.4th 287, 299-300 2026 WL 2546223, at *2-10 (3d Cir. 2026), the Third Circuit found that a petitioner "most recently apprehended in the interior of the country, rather than at the bord or port of entry" could not then lawfully be detained under § 1225(b)(2). Based on Buele Morocho and this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as Petitioner entered the country years ago and has been detained on the interior of the country. As such, Petitioner's continued detention under that statute is unlawful. Accordingly, it is ORDERED that, subject to the following, Petitioner's Amended Petition (ECF No. 4) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to Petitioner's detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found inapplicable to Petitioner. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following Petitioner's release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 10/30/2026. (kd) (Entered: 10/30/2026)

Oct 30, 2026

Terminate Civil Case

Oct 30, 2026

***Civil Case Terminated. (wh)

Oct 30, 2026

Text Order

#10

Nov 03, 2026

Letter from Respondents Confirming Petitioner's Release. (HERIC, JACOB) (Entered: 11/03/2026)