District of New Jersey • 2:26-cv-02986

#1

Mar 23, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO, ET AL. ( Filing fee $ 5 receipt number ANJDC-17227773.), filed by CARLOS JAVIER MELCHOR HERRERA. (Attachments: # 1 Civil Cover Sheet Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 03/23/2026)

#2

Mar 23, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO, ET AL. by CARLOS JAVIER MELCHOR HERRERA. (DUQUE-ISERN, STEPHANIE) (Entered: 03/23/2026)

#3

Mar 23, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/23/2026. (jml, ) (Entered: 03/23/2026)

Mar 23, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 23, 2026

Add and Terminate Judges

Mar 23, 2026

Judge Madeline Cox Arleo added. (jml, )

#4

Apr 14, 2026

Letter

#5

Apr 30, 2026

TEXT ORDER, Petitioner CARLOS JAVIER MELCHOR HERRERA, is a citizen of Venezuela who has no criminal history; he alleges that he entered the United States in January 2024 with his spouse and two minor children and was "processed and released by immigration authorities." (ECF No. 1, Petition at 22-24.) He has filed a habeas petition under 28 U.S.C. § 2241 challenging his detention without bond since March 13, 2026. (Id. at 27.) Petitioner's circumstances appear similar to those of the petitioner in Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released rather than paroled from detention following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a)), and the Court finds this reasoning persuasive; see also 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 Petitioner has a significant 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. The Clerk of the Court shall terminate the TRO Motion at ECF No. 2 considering the relief provided.. So Ordered by Judge Madeline Cox Arleo on 4/30/2026. (aa, ) (Entered: 04/30/2026)

#6

Apr 30, 2026

Notice of Appearance

#7

Apr 30, 2026

Letter

Apr 30, 2026

Order