District of New Jersey • 2:26-cv-04160

#1

Apr 20, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17326545.), filed by SEGUNDO CARLOS GUAMAN PULI.(KAPITONOV, PETER) (Entered: 04/20/2026)

#2

Apr 20, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by SEGUNDO CARLOS GUAMAN PULI. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 04/20/2026)

#3

Apr 20, 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 4/20/2026. (dmw) (Entered: 04/20/2026)

Apr 20, 2026

QC - Civil Cover Sheet JS44

Apr 20, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 20, 2026

Add and Terminate Judges

Apr 20, 2026

Judge Madeline Cox Arleo added. (dmw)

Apr 20, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dmw, )

#4

May 13, 2026

Notice of Appearance

#5

May 26, 2026

TEXT ORDER - Petitioner JOSE LUIS VERAS PAYANO is a citizen of Dominican Republic who allegedly entered the United States without inspection in December 2022, resides in New Jersey, and has no criminal history (ECF No. 1, Petition at 12-20); He was detained by ICE on or about April 21, 2026, at a check-in and placed in removal proceedings. (Id.) Based on these allegations and pursuant to recent decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026), 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 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. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 5/26/2026. (aa, ) (Entered: 05/26/2026)

#7

May 26, 2026

Notice of Appearance

#8

May 26, 2026

Letter

May 26, 2026

Order