District of New Jersey • 2:26-cv-04238

#1

Apr 21, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17334258.), filed by LUCIO VILLANUEVA XAXOCOTECO. (Attachments: # 1 Civil Cover Sheet)(CARDONA NUILA, PATRICIA) (Entered: 04/21/2026)

#2

Apr 21, 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 4/21/2026. (jml, ) (Entered: 04/21/2026)

Apr 21, 2026

Add and Terminate Judges

Apr 21, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 21, 2026

QC - Attorney Case Opening

Apr 21, 2026

Judge Esther Salas added. (jml, )

Apr 21, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future, please use 28:2241 Petition for Writ of Habeas Corpus (federal) as the cause of action; and please make sure to include the Respondent descriptions in the PARTY TEXT field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

#3

Apr 22, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus by LUCIO VILLANUEVA XAXOCOTECO. (Attachments: # 1 Exhibit Exhibit ICE Locator)(CARDONA NUILA, PATRICIA) (Entered: 04/22/2026)

#4

Apr 22, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241,(D.E. No. 1 ("Petition" or "Pet.")), seeking a writ or an order to show cause, (id. at Para 14). Petitioner Lucio Villanueva Xaxocoteco, a citizen of Mexico, alleges that he entered the United States in 2006 without inspection. (Pet. Para. 16). He has no criminal history. (Id. Para. 25). Immigration and Customs Enforcement ("ICE") arrested him on April 15, 2026, and detained him at Delaney Hall in Newark, New Jersey. (Id. Paras. 22 & 24). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the INA and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, et al, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "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.'" Alvarez Hererra v. Soto, et al., No. 26-2482, (D.N.J. Apr. 22, 2026) (quoting 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))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 1 ), and ORDERS that Respondents release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within 48 hours. If Respondents do not file an expedited answer, they shall file a status report within 48 hours confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 4/22/2026. (ek) (Entered: 04/22/2026)

#5

Apr 22, 2026

AFFIDAVIT of Service for Writ of Habeas served on John Basiak Esq on 04/22/2026, filed by LUCIO VILLANUEVA XAXOCOTECO. (Attachments: # 1 Certification)(CARDONA NUILA, PATRICIA) (Entered: 04/22/2026)

#6

Apr 22, 2026

Notice of Appearance

#7

Apr 22, 2026

Status Report

Apr 22, 2026

Text Order

Apr 22, 2026

QC - Incorrect Document Attached

Apr 22, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please review the Affidavit of Service attached to docket entry 5 submitted by Patricia Cardona Muila on 4/22/2026. If this document was attached in error, PLEASE RESUBMIT THE CORRECT DOCUMENT. This submission will remain on the docket unless otherwise ordered by the court. (sm)

Apr 23, 2026

Text Order

Apr 23, 2026

Terminate Civil Case