District of New Jersey • 2:26-cv-02228

#1

Mar 03, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17155544.), filed by Elfego Dominguez Apanco. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 03/03/2026)

#2

Mar 03, 2026

Emergency MOTION for Temporary Restraining Order by ELFEGO DOMINGUEZ APANCO. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 03/03/2026)

#3

Mar 03, 2026

TEXT ORDER - This matter comes before the Court on a Petition for a writ of habeas corpus and a Motion for a TRO seeking to enjoin Petitioner ELFEGO DOMINGUEZ APANCO's transfer from this District and removal from the United States while this matter is pending, along with other relief. The Motion for a TRO (ECF No. 2) is GRANTED IN PART as follows: Respondents are hereby TEMPORARILY ENJOINED from transferring Petitioner from this District or removing him from the United States pending further Order of the Court. The Court will order expedited briefing or other relief by separate order. So Ordered by Judge Madeline Cox Arleo on 3/3/2026. (jl, ) (Entered: 03/03/2026)

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: CHRISTI NOEM has been updated to KRISTI NOEM. Please make sure to add party information as reflected in the petition . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS. DO NOT select a party if it is not in CAPITAL LETTERS or if it does not reflect the EXACT name as is found in the pleading, Create a new party . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 03, 2026

Text Order

Mar 03, 2026

Add and Terminate Judges

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The correct party roles are petitioner vs. respondent when filing Petitions for Writ of Habeas Corpus. Please make note of this for future filings . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 03, 2026

QC - Attorney Case Opening

Mar 03, 2026

Judge Madeline Cox Arleo added. (jjc, )

#4

Mar 13, 2026

TEXT ORDER - Petitioner ELFEGO DOMINGUEZ APANCO is a 23-year resident of the United States with three United States citizen children and no criminal history (ECF No. 1, Petition at 4, 14) who alleges he is unlawfully detained under 8 U.S.C. § 1225. 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 without bond 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, subject to the following, Respondents shall release Petitioner by March 14, 2026 at 5 p.m.; Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that he has misrepresented his criminal history, they shall file an expedited answer by March 14, 2026 at 12 noon p.m. If Respondents do not file an expedited answer, they shall file a status report confirming the time of Petitioner's release. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District while this habeas proceeding is pending. So Ordered by Judge Madeline Cox Arleo on 3/13/2026. (aa, ) (Entered: 03/13/2026)

#5

Mar 13, 2026

Notice of Appearance

Mar 13, 2026

Order

#6

Mar 14, 2026

Letter

#7

Mar 17, 2026

Order of Dismissal