District of New Jersey • 2:26-cv-00717

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Jan 22, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17022140.), filed by MIGUEL GUAYLLAS. (Attachments: # 1 Civil Cover Sheet)(STILLMAN, LINA) (Entered: 01/22/2026)

Jan 22, 2026

Case assigned to Judge Madeline Cox Arleo. (jr)

Jan 22, 2026

Case Assigned/Reassigned

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Jan 27, 2026

Affidavit of Service

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Jan 28, 2026

Show Cause

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Feb 13, 2026

Order on Motion to Show Cause

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Feb 18, 2026

Substitution of Attorney

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Feb 27, 2026

Response to Habeas Petition

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Apr 08, 2026

Letter

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May 22, 2026

TEXT ORDER- The Court requires supplemental briefing resolve the Petition. On February 3, 2026, Petitioner received an order of expedited removal from the Immigration Court. The Order stated the following: "This is a final order. There is no appeal from this decision." (ECF No. 6-6 at 3.) The parties appear to assume that Petitioner is still detained under a pre-final order of removal, but Petitioner is now detained pursuant to a final order of removal, and, thus, his detention is governed by the post-removal statute, 8 U.S.C. § 1231(a). See Clark v. Martinez, 543 U.S. 371, 378-379 (2005)(extending the holding of Zadvydas v. Davis, 533 U.S. 678, 701 (2001) to inadmissible noncitizens.); see also Zadvydas, 533 U.S. at 701 (finding the INA's post-removal-period detention provision of contains an implicit reasonableness limitation of six months, after which a noncitizen may not continue to be detained if "there is no significant likelihood of removal in the reasonably foreseeable future.") Petitioner is still within the six-month period. Accordingly, IT IS ORDERED that within seven (7) days of the date of the entry of this Text Order, Petitioner shall address whether he can rebut the six-month presumption of reasonableness. Respondents may file and serve a reply to Petitioner's supplemental briefing within three (3) days after the response is filed. So Ordered by Judge Madeline Cox Arleo on 5/22/2026. (aa, ) (Entered: 05/22/2026)

May 22, 2026

Order

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May 28, 2026

Letter