District of New Jersey • 2:26-cv-01201

#1

Feb 06, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17071517.), filed by ALEXANDER ADONIAS CHAY GUTIERREZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Immigration Judge Order)(ROMERO, CUSTODIO) (Entered: 02/06/2026)

Feb 06, 2026

Case assigned to Judge Jamel K. Semper. (jr)

Feb 06, 2026

Case Assigned/Reassigned

#2

May 26, 2026

Notice of Appearance

#3

May 26, 2026

Substitute Attorney

#4

May 26, 2026

Amended Complaint

#5

May 26, 2026

Amend/Correct

May 28, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 28, 2026

Set Deadlines as to 3 MOTION to Substitute Attorney, 5 MOTION to Amend/Correct 4 Amended Complaint . Motion set for 7/6/2026 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, )

#6

May 29, 2026

Text Order: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Alexander Adonias Chay Gutierrez, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Guatemala who entered the United States without inspection in 2003. Petitioner alleges he has no criminal history. On January 10, 2026, Petitioner alleges he was arrested by Immigration and Customs Enforcement. Petitioner further alleges the Department of Homeland Security has classified him as subject to detention pursuant to 8 U.S.C. § 1225, and that an Immigration Judge denied bond for lack of jurisdiction on February 4, 2026. Petitioner contends the mandatory detention provision set forth in 8 U.S.C. § 1225(b)(2) does not apply to him. (Id.) The Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because Petitioner was apprehended inside the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, if Respondents do not contend that Ayala Amaya is materially distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions that existed prior to his detention. If Respondents contend that Ayala Amaya is materially distinguishable, Respondents shall file a response to the Petition no later than June 5, 2026, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. The Court further notes that Petitioner has filed a Motion to Substitute Attorney. (ECF No. 3.) Good cause appearing, the motion is GRANTED. The Court also notes that Petitioner has filed a Motion to Amend/Correct the Petition. (ECF No. 5.) The motion is GRANTED, and the Clerk shall docket the Amended Complaint/Petition at ECF No. 4 as the operative pleading in this matter. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Oredered by Judge Jamel K. Semper on May 29, 2026.(mfr) (Entered: 05/29/2026)

May 29, 2026

Text Order

#7

May 30, 2026

Substitution of Attorney

#8

May 30, 2026

Letter

Jun 10, 2026

Order of Dismissal