District of New Jersey • 2:26-cv-04766

#1

Apr 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17364940.), filed by PABLO ELIAS BELTRAN-LEMUS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Detainee locator information)(CORRADO, CAROLYN) (Entered: 04/29/2026)

#2

Apr 29, 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 4/29/26. (tjg, ) (Entered: 04/29/2026)

#3

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.")). Petitioner Pablo Elias Beltran-Lemus, a citizen of El Salvador, alleges that he entered the United States without inspection or apprehension in May 2005. (Pet. at Para. 2). He resides with his partner and three U.S.-citizen children, one of whom has special needs. (Id. at Para 7).He has an active asylum case (filed in 2015), is subject to a removal proceeding (in connection with which he has filed an application for cancellation of removal), and is authorized to work pending resolution of those matters. (Id. at Paras. 4-7). He has no criminal history. (Id. at Para. 3). Immigration and Customs Enforcement ("ICE") arrested him during a traffic stop on April 23, 2026, and detained him at Delaney Hall in Newark, New Jersey. (Id. at Paras. 8-9). 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. The Clerk of Court shall forward a copy of the Petition, (D.E. Nos. 1 through 1-3), 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)

#4

Apr 29, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, WARDEN DELANEY HALL DETENTION FACILITY (KAPLAN, SARINA) (Entered: 04/29/2026)

#5

Apr 29, 2026

Letter from U.S. Attorney's Office re Petitioner's Location re 2 Emergent Immigration Habeas Non-transfer Order. (KAPLAN, SARINA) (Entered: 04/29/2026)

Apr 29, 2026

Text Order

Apr 29, 2026

Case assigned to Judge Esther Salas. (tjg, )

Apr 29, 2026

Case Assigned/Reassigned

Apr 29, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Apr 30, 2026

Substitution of Attorney - Attorney SARINA KAPLAN terminated. Attorney ALICIA NICOLE GONZALEZ for TODD BLANCHE,ALICIA NICOLE GONZALEZ for TODD M. LYONS,ALICIA NICOLE GONZALEZ for MARKWAYNE MULLIN,ALICIA NICOLE GONZALEZ for WARDEN added.. (GONZALEZ, ALICIA) (Entered: 04/30/2026)

#7

May 01, 2026

Response to Habeas Petition

Jun 09, 2026

Text Order

#9

Jun 12, 2026

Letter