District of New Jersey • 2:26-cv-02482

#1

Mar 10, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17181513.), filed by SERGIO JOSE ALVAREZ HERERRA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Statement Verification Statement and Certificate of Service)(BAYAS, MARLON) (Attachment 1 replaced on 3/11/2026) (mj, ). (Entered: 03/10/2026)

Mar 11, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -1 Civil Cover Sheet filed by MARLON BAYAS on 3/10/2026 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. (mj)

Mar 11, 2026

Judge Madeline Cox Arleo added. (jml, )

Mar 11, 2026

QC - Fillable PDF

Mar 11, 2026

Add and Terminate Judges

#2

Mar 13, 2026

Amended Document (NOT Motion/Complaint)

#3

Mar 16, 2026

Temporary Restraining Order

#4

Mar 24, 2026

Exhibit (to Document)

#5

Apr 09, 2026

Exhibit (to Document)

#6

Apr 22, 2026

TEXT ORDER- Petitioner SERGIO JOSE ALVAREZ HERERRA, a citizen of Venezuela, alleges that he entered the United States on August 8, 2022, was released on recognizance by the Department of Homeland Security on May 10, 2023, and has no criminal history. (ECF No. 2, 46-49; ECF No. 2-3, Order of Release on Recognizance.) He was arrested by Immigration and Customs Enforcement ("ICE") on March 8, 2026, and is detained at Delaney Hall in Newark, New Jersey. (Id. at 4-5.) Based on Petitioner's allegations and 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, it appears that 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 within 24 hours. 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 within 48 hours. If Respondents do not file an expedited answer, they shall file a status report within 48 hours confirming the time of Petitioner's release. Respondents are TEMPORARILY ENJOINED from transferring Petitioner from this District while this case is pending. The Motion for a Temporary Restraining Order at ECF No. 3 seeking release shall be TERMINATED considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 4/22/26. (aa, ) (Entered: 04/22/2026)

#7

Apr 22, 2026

Notice of Appearance

#8

Apr 22, 2026

Status Report

Apr 22, 2026

***Civil Case Terminated per 6 TEXT ORDER. (jdg)

Apr 22, 2026

Order

Apr 27, 2026

Terminate Civil Case