District of New Jersey • 2:26-cv-02110

#1

Feb 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17143944.), filed by Richard Jose Perez Veliz. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(CORRADO, CAROLYN) (Entered: 02/27/2026)

#2

Feb 27, 2026

MOTION for Temporary Restraining Order by Richard Jose Perez Veliz. (Attachments: # 1 Text of Proposed Order)(CORRADO, CAROLYN) (Entered: 02/27/2026)

#3

Feb 27, 2026

TEXT ORDER - Respondents are Temporarily Enjoined from transferring Petitioner from this District or removing him from the United States pending further order of the Court. So Ordered by Judge Madeline Cox Arleo on 2/27/2026. (jl, ) (Entered: 02/27/2026)

Feb 27, 2026

Case Assigned/Reassigned

Feb 27, 2026

Text Order

Feb 27, 2026

Case assigned to Judge Madeline Cox Arleo. (jr)

#4

Mar 02, 2026

Affidavit of Service

#5

Mar 24, 2026

Letter

#6

Mar 30, 2026

Order to Answer

#7

Apr 01, 2026

Notice of Appearance

#8

Apr 02, 2026

Response to Habeas Petition

#9

Apr 06, 2026

Response to Habeas Petition

#10

Apr 20, 2026

Letter

#11

May 06, 2026

Letter

#12

May 21, 2026

TEXT ORDER- Petitioner Richard Jose Perez Veliz is a citizen of Venezuela and asylum seeker who entered the United States in 2022 and was subsequently paroled under § 1182(d)(5)(A) until November 26, 2022. (See Ans. Ex. A (Feb. 17, 2026 I-213); Pet. Ex. C (Parole Record)). Petitioner subsequently received Temporary Protected Status ("TPS"), which was valid through April 2, 2025. (Pet. Ex. F (Nov. 19, 2024 TPS Approval Notice)). On February 17, 2026, ICE detained Petitioner in the interior of the United States pursuant to a warrant for his arrest. (See Pet. Ex. A (Warrant for Arrest). Petitioner does not have a criminal history. (Ans. Ex A at 2 (Feb. 17, 2026, 2023 I-213)). Respondents argue that Petitioner is properly detained as an applicant for admission under Section 1225(b)(2), an argument 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). Moreover, this Court recently rejected the argument that § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole. See Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026). For these reasons, 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Respondents shall file a status report within three business days confirming the time of Petitioner's release. So Ordered by Judge Madeline Cox Arleo on 5/21/2026. (aa, ) (Entered: 05/21/2026)

#13

May 21, 2026

Letter

May 21, 2026

Order

#14

May 22, 2026

Letter

Jun 02, 2026

Terminate Civil Case