District of New Jersey • 3:26-cv-04508

#1

Apr 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17344937.), filed by SAMUEL LANDAVERDE CALDERON. (Attachments: # 1 Civil Cover Sheet JS44, # 2 AO242)(REILLY, CATHERINE) (Entered: 04/23/2026)

#2

Apr 23, 2026

MOTION for Temporary Restraining Order by SAMUEL LANDAVERDE CALDERON. (REILLY, CATHERINE) (Entered: 04/23/2026)

#3

Apr 23, 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 4/23/2026. (jml, ) (Entered: 04/23/2026)

Apr 23, 2026

Notice of Judicial Preferences

Apr 23, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )

Apr 23, 2026

Judge Georgette Castner added. (jml, )

Apr 23, 2026

Add and Terminate Judges

Apr 23, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 24, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of El Salvador, alleges that, in or about 2013, when he was seventeen-years old, he entered the United States without inspection. (Id. Para. 2.) In 2024, Petitioner was identified as a victim of labor trafficking, a prior in absentia removal order was vacated, and the removal proceedings were terminated. (Id. Para. 31.) An I-914 Application for T Nonimmigrant Status was filed on September 26, 2025. (Id.) Petitioner has resided in the United States since 2013 and lives with and supports his partner and U.S. citizen child. (Id. Paras. 29, 32.) Petitioner has never been arrested. (Id. Para. 66.) On April 15, 2026, Immigration and Customs Enforcement arrested Petitioner and has detained him at Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 7.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), 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 Immigration and Nationality Act 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, No. 26-2482, D.E. No. 6 (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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that he has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Additionally, Petitioner's Motion for a Temporary Restraining Order (Motion for TRO) (ECF No. 2 ) shall be TERMINATED considering the relief provided. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1), the attachments to the Petition (ECF Nos. 1 -1 & 1 -2), the Motion for TRO (ECF No. 2 ), 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 Georgette Castner on 4/24/2026. (jmh) (Entered: 04/24/2026)

Apr 24, 2026

Text Order AND ~Util - Terminate Motions

Apr 24, 2026

4 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 4/24/2026. (jmh)

Apr 24, 2026

Set Deadlines as to 2 MOTION for Temporary Restraining Order . Motion set for 5/18/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)

Apr 24, 2026

Docket Annotation (public)

Apr 24, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Apr 25, 2026

Notice of Appearance

#6

Apr 25, 2026

Letter

Apr 27, 2026

Order of Dismissal AND Text Order