District of New Jersey • 2:26-cv-03595

#1

Apr 04, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17274479.), filed by JORGE LUIS CUNISPUMA CEVALLOS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Certificate of Service, # 12 Brief, # 13 Supplement Notice of Appearance)(SANTAMARIA, STERLING) (Entered: 04/04/2026)

#2

Apr 04, 2026

MOTION for Order to Show Cause by JORGE LUIS CUNISPUMA CEVALLOS. (SANTAMARIA, STERLING) (Entered: 04/04/2026)

#3

Apr 04, 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 4/4/2026. (jml, ) (Entered: 04/04/2026)

Apr 04, 2026

Judge Evelyn Padin added. (jml, )

Apr 04, 2026

Add and Terminate Judges

Apr 04, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 05, 2026

TEXT ORDER. Petitioner Jorge Luis Cunispuma Cevallos filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"), and his Motion for Temporary Restraining Order, D.E. 2 ("TRO Motion"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this District previously addressing Section 1225, they shall file an expedited answer within 5 days of this Order, and Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer.If Respondents do not file an expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting Section 1225 including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds that Petitioner's mandatory detention under Section 1225(b) is unlawful and violates his Fifth Amendment right to due process. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within 5 days of this Order and file a written notice of Petitioner's release within 3 days of his release. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). The TRO Motion, D.E. 2, is DISMISSED as MOOT because the Court has enjoined Petitioner's transfer and expedited resolution of the Petition.So Ordered by Judge Evelyn Padin on 4/5/2026. (jml, ) (Entered: 04/05/2026)

Apr 05, 2026

Text Order

#5

Apr 06, 2026

NOTICE of Appearance by TASHA MARIE BRADT on behalf of TODD BLANCHE, JONATHAN FLORENTINO, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (BRADT, TASHA) (Entered: 04/06/2026)

#6

Apr 06, 2026

Letter