District of New Jersey • 2:26-cv-03596

#1

Apr 04, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17274676.), filed by EDWIN JOSE SALAZAR BLANCO. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MONTERO, FRANKLIN) (Entered: 04/04/2026)

#2

Apr 04, 2026

Emergency MOTION for Temporary Restraining Order by EDWIN JOSE SALAZAR BLANCO. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (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 Madeline Cox Arleo added. (jml, )

Apr 04, 2026

Add and Terminate Judges

Apr 04, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 24, 2026

Show Cause

Apr 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

May 26, 2026

TEXT ORDER -Petitioner Edwin Jose Salazar Blanco is a citizen of Peru who allegedly has no criminal history, has resided in New Jersey since his parole on December 11, 2022, and is married to a United States citizen; he was detained by ICE on February 19, 2026. (ECF No. 1, Petition at 1-4.) 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. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. 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 three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of removal and transfer entered at ECF No. 3 shall remain in effect while this matter is pending. The motions at ECF Nos. 2, 4 shall be terminated considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 5/26/26. (aa, ) (Entered: 05/26/2026)

May 26, 2026

Order