District of New Jersey • 1:26-cv-04908

#1

May 01, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17375434.), filed by OSWALDO IVAN NAEKAT ZABALA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Brief, # 9 Certificate of Service, # 10 Supplement Notice of Appearance, # 11 Supplement Order to Show Cause)(SANTAMARIA, STERLING) (Entered: 05/01/2026)

#2

May 01, 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 5/1/2026. (dmw ) (Entered: 05/01/2026)

#3

May 01, 2026

TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Oswaldo Ivan Naekat Zabala, a citizen of Ecuador, who is presently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner entered the United States on or about December 20, 2023, was initially detained by United States Customs and Border Protection, and was released on his own recognizance and served with a Notice to Appear. Petitioner further alleges that he timely filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, and has resided and worked in New Jersey since his entry. Petitioner alleges that on April 25, 2026, he was detained by U.S. Immigration and Customs Enforcement and has remained in custody under 8 U.S.C. § 1225(b), thereby denying him eligibility for a bond hearing. Petitioner contends that his continued detention violates the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment. (Id.) Accordingly, it is on this 1st day of May 2026, ORDERED that Respondents shall SHOW CAUSE, on or before May 8, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on May 1, 2026. (Williams, Karen) (Entered: 05/01/2026)

#4

May 01, 2026

NOTICE of Appearance by TASHA MARIE BRADT on behalf of TODD BLANCHE, JONATHAN FLORENTINO, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (BRADT, TASHA) (Entered: 05/01/2026)

#5

May 01, 2026

Letter from U.S. Attorney's Office re: Petitioner's Transfer. (BRADT, TASHA) (Entered: 05/01/2026)

May 01, 2026

Emergent Immigration Habeas Non-transfer Order

May 01, 2026

Judge Karen M. Williams added. (dmw)

May 01, 2026

Text Order

May 01, 2026

Add and Terminate Judges

#6

May 03, 2026

Substitution of Attorney - Attorney TASHA MARIE BRADT terminated. Attorney SARINA KAPLAN for TODD BLANCHE,SARINA KAPLAN for JONATHAN FLORENTINO,SARINA KAPLAN for TODD LYONS,SARINA KAPLAN for MARKWAYNE MULLIN,SARINA KAPLAN for LUIS SOTO added.. (KAPLAN, SARINA) (Entered: 05/03/2026)

#7

May 04, 2026

TEXT ORDER - : The Court is in receipt of Respondents' letter advising that Petitioner was transferred from the District of New Jersey to a detention facility in Pennsylvania on May 1, 2026. (ECF No. 5.) This representation appears to conflict directly with this Court's prior Orders entered the same day, which expressly enjoined Respondents from transferring Petitioner out of New Jersey and directed that Petitioner "shall not be removed from the District of New Jersey during the pendency of these proceedings." (ECF Nos. 2, 3.) The Court's jurisdiction over this habeas petition, brought pursuant to 28 U.S.C. § 2241, is predicated upon Petitioner's confinement within this District at the time of filing. The unilateral transfer of a habeas petitioner in contravention of a court order raises serious concerns regarding interference with the Court's jurisdiction and the orderly administration of justice. See, e.g., Ex parte Endo, 323 U.S. 283, 306 (1944). Accordingly, IT IS ORDERED that Respondents shall return Petitioner to a detention facility within the District of New Jersey within twenty-four (24) hours; and it is further ORDERED that Respondents shall file a status letter confirming Petitioner's return to this District within forty-eight (48) hours of this Order. So Ordered by Judge Karen M. Williams on May 4, 2026. (Williams, Karen) (Entered: 05/04/2026)

#8

May 04, 2026

Letter

May 04, 2026

Text Order

#9

May 05, 2026

Letter

#10

May 05, 2026

Certificate of Service

#11

May 07, 2026

Response (NOT Motion)

#12

May 07, 2026

Reply to Response (NOT Motion)

#13

May 11, 2026

Order of Dismissal

#14

May 12, 2026

Letter