District of New Jersey • 2:26-cv-01258

#1

Feb 08, 2026

First PETITION for Writ of Habeas Corpus v. Soto, et. al ( Filing fee $ 5 receipt number ANJDC-17076241.), filed by Kevin Jeffrey Carbo Pincay. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 02/08/2026)

#2

Feb 08, 2026

First MOTION for Temporary Restraining Order v. Soto, et. al by Kevin Jeffrey Carbo Pincay. (DUQUE-ISERN, STEPHANIE) (Entered: 02/08/2026)

#3

Feb 09, 2026

ORDER TO ANSWER; the motion for a TRO (ECF No. 2 ) is GRANTED IN PART only with respect to the requests to enjoin transfer and set an expedited briefing schedule; the Court defers providing additional relief until the briefing is complete; that Respondents are temporarily enjoined from transferring Petitioner from this District while this matter is pending. Signed by Judge Madeline Cox Arleo on 2/9/2026. (N/M) (sks) (Entered: 02/09/2026)

Feb 09, 2026

Case Assigned/Reassigned

Feb 09, 2026

Case assigned to Judge Madeline Cox Arleo. (tjg, )

#4

Feb 19, 2026

Substitution of Attorney

#5

Feb 19, 2026

Response (NOT Motion)

#6

Feb 25, 2026

Reply to Response (NOT Motion)

#7

Mar 17, 2026

Letter

#8

Mar 26, 2026

Letter

#9

Mar 31, 2026

Expedite

#10

Apr 02, 2026

TEXT ORDER- Petitioner Kevin Jeffrey Carbo Pincay is a citizen of Ecuador who entered the United States without admission or parole in May 2024 and has no criminal history. (ECF No. 1, Petition at 1-2; ECF No. 5, Answer at 2.) Respondents do not dispute these relevant facts but nevertheless contend that Petitioner is mandatorily detained under 8 U.S.C. § 1225(b)(2) and rely on an interpretation of the statute that this Court rejected in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025); see also Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025). The 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, Petitioner is detained under a flawed interpretation of § 1225(b)(2), and the Court will not correct that unlawful detention by converting it 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) (ordering Petitioner's 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 by April 3, 2026 at 12 noon. Respondents shall file a status report confirming the time of Petitioner's release by April 6, 2026 at 5 p.m. The motion to expedite (ECF No. 9) is denied as MOOT. So Ordered by Judge Madeline Cox Arleo on 4/2/2026. (aa, ) (Entered: 04/02/2026)

Apr 02, 2026

Order

#11

Apr 06, 2026

Letter

#12

Apr 07, 2026

Order of Dismissal