District of New Jersey • 2:26-cv-04704

#1

Apr 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 53965.), filed by STEVEN ISAIAS DIAZ REYES. (Attachments: # 1 Exhibits, # 2 Envelope)(jr) (Entered: 04/28/2026)

#2

Apr 28, 2026

MOTION for Temporary Restraining Order by STEVEN ISAIAS DIAZ REYES. (Attachments: # 1 Declaration)(jr) (Entered: 04/28/2026)

#3

Apr 28, 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 4/28/2026. (jr) (Entered: 04/28/2026)

Apr 28, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 29, 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.")), and his motion for a temporary restraining order (D.E. No. 2 ("TRO Motion" or "TRO Mot.")). Petitioner Steven Isaias Diaz Reyes, a citizen of El Salvador, alleges that he entered the United States on or about November 3, 2016 as an unaccompanied minor. (Pet. at 5). He is enrolled at California Christian University, pursuing a Bachelor of Theology degree. (Id.).He has an active asylum case, which is scheduled for an in-person merits hearing on August 2, 2028. (Id.). He has no criminal history. (Id. at 6). He also has an Employment Authorization Document, which is valid until 2028. (Id. at 5). Prior to his detention, Mr. Diaz Reyes worked as a DoorDash delivery driver. (Id. at 6). Immigration and Customs Enforcement ("ICE") arrested him on April 20, 2026, and detained him at Delaney Hall in Newark, New Jersey. (Id.). Petitioner remains detained at Delaney Hall to date, without a bond hearing. (Id. at 7). 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 it appears Respondents have unlawfully detained Petitioner without a bond hearing 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.'" AlvarezHererrav. 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. M! ar. 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. Additionally, the TRO Motion, (D.E. No. 2 ), shall be TERMINATED considering the relief provided.The Clerk of Court shall forward a copy of the Petition, (D.E. Nos. 1 through 1-3), the TRO Motion, (D.E. Nos. 2 & 2 -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 4/29/2026. (ek) (Entered: 04/29/2026)

#5

Apr 29, 2026

Notice of Appearance

#6

Apr 29, 2026

Letter

Apr 29, 2026

Text Order