District of New Jersey • 2:26-cv-04634

#1

Apr 27, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17355837.), filed by NEY A. ASANZA PACHECO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 04/27/2026)

#2

Apr 27, 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 4/27/2026. (jml, ) (Entered: 04/27/2026)

Apr 27, 2026

Judge Madeline Cox Arleo added. (jml, )

Apr 27, 2026

Add and Terminate Judges

Apr 27, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 19, 2026

Letter

#4

May 22, 2026

Letter

#5

May 28, 2026

TEXT ORDER -Petitioner NEY A. ASANZA PACHECO is a citizen of Ecuador who has been living in the United States since December 29, 2023; he allegedly entered the United States at the border with his wife to seek asylum and was released on his own recognizance. (ECF No. 1, Petition at 27-28.) He was arrested by ICE on April 25, 2026, at a routine check in. (Id. at 29.) Based on this Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. See also Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released rather than paroled from detention following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a)). 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. 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 transfer entered at ECF No. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 5/28/26. (aa, ) (Entered: 05/28/2026)

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May 28, 2026

Notice of Appearance

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May 28, 2026

Letter

May 28, 2026

Order