District of New Jersey • 3:26-cv-04799

#1

Apr 29, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17366930.), filed by ROLANDO AVILA SANCHEZ. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Brief, # 8 Certificate of Service, # 9 Supplement Notice of Appearance, # 10 Supplement Order to Show Cause)(SANTAMARIA, STERLING) (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 4/29/2026. (jml, ) (Entered: 04/29/2026)

Apr 29, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 29, 2026

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

Apr 29, 2026

Judge Georgette Castner added. (jml, )

Apr 29, 2026

Add and Terminate Judges

Apr 29, 2026

Notice of Judicial Preferences

#3

Apr 30, 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 Guatemala, alleges that, in 2016, he entered the United States without inspection (with his daughter), was released on his own recognizance, and, upon information and belief, has been living in New Jersey (and providing for his daughter) since his arrival. (Id. Paras. 14, 18-19.) Petitioner has no arrests apart from his brief detention upon entry in 2016 and his current unlawful detention, and he has no criminal history in Guatemala or elsewhere. (Id. Para. 21.) Upon information and belief, in February 2026, U.S. Immigration and Customs Enforcement arrested Petitioner during a targeted enforcement operation (in which he was not the target) and has detained him at Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 1, 20.) 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, ECF 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. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's application for an order to show cause (ECF No. 1 -10) is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -10), 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 4/30/2026. (jmh) (Entered: 04/30/2026)

Apr 30, 2026

Docket Annotation (public)

Apr 30, 2026

Text Order

Apr 30, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 4/30/2026. (jmh)

#4

May 01, 2026

Notice of Appearance

#5

May 01, 2026

Response to Habeas Petition

#6

May 02, 2026

Letter

#8

Jun 11, 2026

Letter

Jun 11, 2026

Text Order

Jun 12, 2026

Order of Dismissal AND Text Order