District of New Jersey • 2:26-cv-03522

#1

Apr 02, 2026

First PETITION for Writ of Habeas Corpus v. Soto, et al., ( Filing fee $ 5 receipt number ANJDC-17269677.), filed by ANDERSON RODRIGUEZ VELANDIA. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 04/02/2026)

#2

Apr 02, 2026

First MOTION for Temporary Restraining Order v. Soto, et al., by ANDERSON RODRIGUEZ VELANDIA. (DUQUE-ISERN, STEPHANIE) (Entered: 04/02/2026)

#3

Apr 02, 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 4/2/2026. (jr) (Entered: 04/02/2026)

Apr 02, 2026

Case Assigned/Reassigned

Apr 02, 2026

Case assigned to Judge Madeline Cox Arleo. (jr)

Apr 02, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 17, 2026

Letter

#5

May 04, 2026

TEXT ORDER - Petitioner ANDERSON RODRIGUEZ VELANDIA is a citizen of Columbia who has resided in the United States since April 2023 and has no criminal history. (ECF No. 1, Petition at p. 4.) Based on these 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 Petitioner has a significant criminal history, they shall file an expedited answer within 3 days. If Respondents do not file an expedited answer, they shall file a status report within 3 days confirming the time of Petitioner's release. The motion for a TRO at ECF No. 2 shall be terminated considering the relief provided and the temporary stay of transfer entered at ECF No. 3 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 5/4/2026. (aa, ) (Entered: 05/04/2026)

#6

May 04, 2026

Notice of Appearance

#7

May 04, 2026

Letter

May 04, 2026

Order