District of New Jersey • 2:26-cv-03713

#1

Apr 08, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17288792.), filed by ZOSIMO SEGUNDO ARGUMEDO DAVILA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Brief, # 8 Supplement Notice of Appearance, # 9 Civil Cover Sheet, # 10 Supplement Order to Show Cause, # 11 Certificate of Service)(SANTAMARIA, STERLING) (Entered: 04/08/2026)

#2

Apr 08, 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 4/8/2026. (jjc, ) (Entered: 04/08/2026)

Apr 08, 2026

Judge Brian R. Martinotti added. (jjc, )

Apr 08, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please enter the title for the respondents in the PARTY TEXT. Example: Luis Soto - Director, Delaney Hall Detention Facility. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Apr 08, 2026

CLERK'S QUALITY CONTROL MESSAGE - The CIVIL COVER SHEET 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.Please email a flattened version to ecfhelp@njd.uscourts.gov for replacement on the docket. (jjc, )

Apr 08, 2026

QC - Generic Message

Apr 08, 2026

Add and Terminate Judges

Apr 08, 2026

QC - Attorney Case Opening

Apr 08, 2026

Emergent Immigration Habeas Non-transfer Order

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Apr 09, 2026

TEXT ORDER: : Before the Court is Petitioner Zosimo Segundo Argumedo Davila's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Petitioner, a native of Peru, entered the United States without inspection in 2023. (See generally id.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See id.) Based on this Court's statutory interpretation in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b)(2) and have still failed to provide Petitioner with the individualized bond hearing that he is entitled to. The Court will no longer correct Respondents' unlawful application of § 1225(b)(2) and detention of Petitioner 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(2) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Sandhu, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 04/09/2026. (lr, ) (Entered: 04/09/2026)

#4

Apr 09, 2026

Amend/Correct

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Apr 09, 2026

Notice of Appearance

#7

Apr 09, 2026

Letter

Apr 09, 2026

Text Order