District of New Jersey • 2:26-cv-01516

#1

Feb 17, 2026

First PETITION for Writ of Habeas Corpus FABRIZZIO HIROMORI ECHEGARAY MOLERO ( Filing fee $ 5 receipt number ANJDC-17100851.), filed by FABRIZZIO HIROMORI ECHEGARAY MOLERO. (Attachments: # 1 Exhibit Exhibit - PETITION FOR A WRIT OF HABEAS CORPUS, # 2 Certification CERTIFICATE OF SERVICE - EMERGENT APPLICATION)(IHEANACHOR, TURUCHI) (Entered: 02/17/2026)

#2

Feb 17, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus, CIVIL COVER SHEET - JS44 by FABRIZZIO HIROMORI ECHEGARAY MOLERO. (IHEANACHOR, TURUCHI) (Main Document 2 replaced on 2/17/2026) (sks, ). (Entered: 02/17/2026)

#3

Feb 17, 2026

First MOTION for Preliminary Injunction AND STAY OF TRANSFER by All Plaintiffs. (Attachments: # 1 Memorandum APP. FOR OSC AND PRELIM INJUNCTION - MEMORANDUM OF LAW, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Certification CERTIFICATION OF COUNSEL, # 4 Certificate of Service CERTIFICATE OF SERVICE - OSC AND PRELIM INJUNC, # 5 Exhibit EXHIBITS - OSC and PRELIM INJUNC)(IHEANACHOR, TURUCHI) (Entered: 02/17/2026)

#4

Feb 17, 2026

TEXT ORDER - Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are TEMPORARILY ENJOINED from transferring FABRIZZIO HIROMORI ECHEGARAY MOLERO from this District or removing him from the United States pending further Order of the Court. The Court will order briefing or other relief by separate Order. So Ordered by Judge Madeline Cox Arleo on 2/17/2026. (jl, ) (Entered: 02/17/2026)

Feb 17, 2026

Text Order

Feb 17, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

Feb 17, 2026

CLERK'S QUALITY CONTROL MESSAGE - The CIVIL COVER SHEET filed by TURUCHI IHEANACHOR on 2/17/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (sks)

Feb 17, 2026

Case Assigned/Reassigned

Feb 17, 2026

QC - Fillable PDF

Feb 18, 2026

Set Deadlines as to 3 First MOTION for Preliminary Injunction AND STAY OF TRANSFER. Motion set for 3/16/2026 before Judge Madeline Cox Arleo. 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. (mj)

Feb 18, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Feb 26, 2026

Letter

#6

Feb 27, 2026

TEXT ORDER - This matter come before the Court on Petitioner's counsel's letter dated February 26, 2026. which seeks an adjudication of the Petition on the merits and other relief. (ECF No. 5.) The Court previously enjoined Petitioner's transfer from this District and his removal from the United States (ECF No. 4), and that Text Order REMAINS IN EFFECT while this matter is pending. Petitioner's request that this Court "[i]ssue an order staying the March 5, 2026 administrative hearing" is DENIED pursuant to 8 U.S.C. § 1252(g). The Court also defers providing additional relief without an adequate record. To expedite this matter, Respondents shall file an expedited answer to the Petition by Tuesday, March 3, 2026, at 10 a.m. The expedited answer must address all claims in the Petition, provide the statutory basis for Petitioner's detention, and include the following documents/records from Petitioner's immigration file as exhibits: 1.) all records related to Petitioner's arrest and detention, including any administrative or judicial warrants; 3) all records related to his removal proceedings; 3) all records related to bond proceedings (including bond transcripts); and 4.) all USCIS and DHS records related to his SIJ application; the immigration file shall also be accompanied by a certification from a person with knowledge who shall appear as a witness should the Court schedule a hearing; Failure to comply with this Order may result in Petitioner's release from custody. Petitioner may file a reply brief Wednesday, March 4, 2026, at 10 a.m. So Ordered by Judge Madeline Cox Arleo on 2/27/2026. (jl, ) (Entered: 02/27/2026)

Feb 27, 2026

Text Order

#7

Mar 03, 2026

Response to Habeas Petition

#8

Mar 03, 2026

Exhibit (to Document)

#9

Mar 03, 2026

Exhibit (to Document)

#10

Mar 03, 2026

Substitution of Attorney

#11

Mar 03, 2026

Declaration

#12

Mar 04, 2026

Reply to Response to Motion

#13

Mar 06, 2026

Affidavit in Support of Motion

#14

Mar 10, 2026

Affidavit in Support of Motion

#15

Mar 13, 2026

Letter

#16

Mar 17, 2026

REPLY to Response to Motion filed by All Plaintiffs re 3 First MOTION for Preliminary Injunction AND STAY OF TRANSFER Petitioner's Reply to Government's Response (IHEANACHOR, TURUCHI) (Entered: 03/17/2026)

#17

Mar 17, 2026

TEXT ORDER- Petitioner FABRIZZIO HIROMORI ECHEGARAY MOLERO is a 20-year old citizen of Peru who was released on recognizance following inspection on June 6, 2022 and later applied for asylum and SIJS status. (ECF Nos. 9, ECF No. 1, Petition at 33-37.) Respondents' letter response indicates that ICE has detained Petitioner without bond pursuant to § 1225(b)(2). (See ECF No. 7.) 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, 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 by March 18, 2026 at 10 a.m. IT IS FURTHER ORDERED that Respondents are PERMANENTLY ENJOINED from rearresting Petitioner under § 1225(b) and are TEMPORARILY ENJOINED from rearresting him under § 1226(a) for 14 days. IT IS FURTHER ORDERED that by 3 p.m. on March 18, 2026, Respondents shall file a status report confirming the time of Petitioner's release and requesting that this matter be closed. Petitioner also appears to challenge numerous "legal and procedural errors" made by the IJ in his underlying immigration proceedings. (ECF Nos. 13-14.) Under 8 U.S.C. § 1252(g), however, habeas courts generally lack "jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders." Moreover, "Section 1252(b)(9) works as a 'zipper' clause, channeling "most claims that even relate to removal into PFRs [petitions for review]" before the circuit court. See Khalil v. President, United States, 164 F.4th 259, 275 (3d Cir. 2026.) Petitioner has not shown that the Court has jurisdiction over these claims or that he is unable to raise his claims later in a PFR, and such claims are DENIED WITHOUT PREJUDICE for lack of jurisdiction. Once Petitioner is released, the Court shall lift the temporary stay of transfer and removal. The Court directs the Clerk of the Court to terminate the TRO Motion at ECF No. 3 considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 3/17/2026. (aa, ) (Entered: 03/17/2026)

Mar 17, 2026

Order

#18

Mar 18, 2026

Letter

#19

Mar 19, 2026

LETTER ORDER closing case. Signed by Judge Madeline Cox Arleo on 3/19/2026. (kht) (Entered: 03/19/2026)