District of New Jersey • 2:26-cv-04294

#1

Apr 22, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17338453.), filed by JOSE LUIS VERAS PAYANO. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 04/22/2026)

#2

Apr 22, 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 4/22/2026. (mfr) (Entered: 04/22/2026)

Apr 22, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

Apr 22, 2026

Case Assigned/Reassigned

Apr 22, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Apr 30, 2026

Letter

#4

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 5/26/26. (aa, ) (Entered: 05/26/2026)

#5

May 26, 2026

Notice of Appearance

#6

May 26, 2026

Letter

May 26, 2026

Order