District of New Jersey • 2:26-cv-01197

#1

Feb 06, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17071007.), filed by JUAN DE JESUS CHONAY CUMAR. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Order of the Immigration Judge)(ROMERO, CUSTODIO) (Entered: 02/06/2026)

Feb 06, 2026

Case assigned to Judge Madeline Cox Arleo. (jr)

Feb 06, 2026

Case Assigned/Reassigned

#2

Apr 29, 2026

TEXT ORDER - Petitioner JUAN DE JESUS CHONAY CUMAR allegedly entered the United States without inspection in 2016. (ECF No. 1, Petition at 7.) Petitioner alleges he was not detained upon entry and has pending applications for asylum and related relief. (Id.) After his recent arrest by ICE, the Immigration Court denied bond for lack of jurisdiction. (ECF No. 1-2.) Based on these allegations and pursuant to recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) and Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), this Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that Petitioner has a significant criminal history, they shall file an expedited answer within 48 hours. If Respondents do not file an expedited answer, they shall file a status report within 48 hours confirming the time of Petitioner's release and requesting to close this case. So Ordered by Judge Madeline Cox Arleo on 4/29/2026. (aa, ) (Entered: 04/29/2026)

Apr 29, 2026

Order

#3

Apr 30, 2026

Notice of Appearance

#4

May 01, 2026

Letter

#5

May 14, 2026

Letter

#6

May 14, 2026

Letter