District of New Jersey • 2:26-cv-02268

#1

Mar 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17159860.), filed by FREDY MAURICIO CUNALATA JUELA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 03/04/2026)

Mar 04, 2026

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

Mar 04, 2026

Case Assigned/Reassigned

#2

Mar 17, 2026

Order to Answer

#3

Mar 19, 2026

Notice of Appearance

#4

Mar 24, 2026

Response to Habeas Petition

#5

May 14, 2026

Letter

#6

Jun 03, 2026

***VACATED***TEXT ORDER -FREDY MAURICIO CUNALATA JUELA is a citizen of Ecuador who has filed a petition seeking habeas relief under 28 U.S.C. § 2241. ICE records reflect that Petitioner entered the United States at an unknown place and time; he was arrested on or about October 12, 2025, by Suffolk County Police Department for Driving While Intoxicated and was detained pursuant to a warrant by Immigration and Customs Enforcement on February 27, 2026 (ECF No. 4-1, Ans. Ex. 1 (Form I-213).) Based on this Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 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), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 7 days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court and request to close this matter. So Ordered by Judge Madeline Cox Arleo on 6/3/2026. (aa, ) Modified on 6/8/2026 (mj). (Entered: 06/03/2026)

Jun 03, 2026

Order

#7

Jun 04, 2026

Withdraw

Jun 04, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 04, 2026

Set Deadlines as to 7 First MOTION to Withdraw . Motion set for 7/6/2026 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. (gev)

#8

Jun 08, 2026

Order of Dismissal