District of New Jersey • 2:26-cv-04697

#1

Apr 28, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17360552.), filed by OSWALDO LOPEZ XITUMUL. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit)(MIRON, ALEXANDRA) (Attachment 2 replaced on 4/29/2026) (mj, ). (Entered: 04/28/2026)

#2

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

Apr 28, 2026

Case assigned to Judge Julien Xavier Neals. (jr)

Apr 28, 2026

Case Assigned/Reassigned

#3

Apr 29, 2026

TEXT ORDER - Before the Court is Petitioner Oswaldo Lopez Xitumul's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Guatemala who entered the United States in 2019, contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b) and have still failed to provide him with the individualized bond hearing to which he is entitled. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED, and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b), which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 4/29/2026. (kd) (Entered: 04/29/2026)

#4

Apr 29, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS (KAPLAN, SARINA) (Entered: 04/29/2026)

#5

Apr 29, 2026

Letter from U.S. Attorney's Office re Petitioner's Release re 3 Text Order,,,,,,,,,,. (KAPLAN, SARINA) (Entered: 04/29/2026)

Apr 29, 2026

Text Order

Apr 29, 2026

QC - Fillable PDF

Apr 29, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -2 Civil Cover Sheet filed by ALEXANDRA MIRON on 4/28/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mj)