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

#1

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

#2

Jan 27, 2026

Affidavit of Service

#3

Jan 28, 2026

Show Cause

#4

Feb 13, 2026

Order on Motion to Show Cause

#5

Feb 18, 2026

Substitution of Attorney

#6

Feb 27, 2026

Response to Habeas Petition

#7

Apr 08, 2026

Letter

#8

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

#10

Jun 01, 2026

Response (NOT Motion)

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Aug 14, 2026

Letter

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Aug 17, 2026

TEXT ORDER - Petitioner has been detained under a final order of removal since February 3, 2026. Within seven days, Respondents shall file a status update regarding their removal efforts. That status update shall include a sworn declaration from an ICE officer with personal knowledge stating 1) whether a travel document has been requested from the government of Ecuador; (2) Ecuador's response, including whether it has agreed to accept Petitioner; and (3) any scheduled or projected removal itinerary. If Respondents fail to comply with this Text Order or fail to provide sufficient evidence that Petitioner removal is reasonably foreseeable, the Court will order Petitioner's release from detention on an order of supervision. The stay of transfer and removal shall remain in effect at this time. Respondents are free to request that the Court lift the stay if they provide proof that removal is imminent. Therefore, the Court will not accept a response arguing that the stay prevents Respondents from making plans to remove Petitioner. So Ordered by Judge Madeline Cox Arleo on 8/17/2026. (aa, ) (Entered: 08/17/2026)

Aug 17, 2026

Order

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Aug 24, 2026

Letter

#14

Aug 24, 2026

Status Report