District of New Jersey • 2:26-cv-04949

#1

May 01, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17377621.), filed by KEVIN OMAR ZELAYA-CHAVEZ. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Text of Proposed Order, # 6 Certificate of Service, # 7 Civil Cover Sheet)(GONTARYUK, ALEKSANDRA) (Attachment 7 replaced on 5/4/2026) (mj, ). (Entered: 05/01/2026)

#2

May 02, 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 5/2/2026. (jml, ) (Entered: 05/02/2026)

May 02, 2026

Judge Esther Salas added. (jml, )

May 02, 2026

Add and Terminate Judges

May 02, 2026

Emergent Immigration Habeas Non-transfer Order

May 04, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -7 Civil Cover Sheet filed by ALEKSANDRA GONTARYUK on 5/1/2026 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)

May 04, 2026

QC - Fillable PDF

#3

May 05, 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.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner Kevin Omar Zelaya-Chavez, a native and citizen of Honduras, alleges that, in approximately 2021 or 2022, he entered the United States through the border and has continuously resided in this country since his entry. (Pet. Paras. 1-2). On April 18, 2026, Petitioner was arrested on simple assault and criminal mischief charges, a judge conducted a detention hearing and ordered his release, and, because of an "ICE hold," he was transferred to immigration detention at Delaney Hall Detention Facility in Newark, New Jersey (and a notice to appear was issued). (Id. Paras. 18-19). According to Petitioner, "[a]s set forth in the sworn affidavit submitted in support of this Petition, the incident giving rise to the initial criminal charges was based on a misunderstanding." (Id. Para. 20 (claiming that the noise reported by neighbors was caused when Petitioner fell and struck his head and not because of any act of violence against another person and that the alleged victim confirmed that she does not believe Petitioner harmed her and she is actively seeking dismissal of the charges)). Petitioner, who remains confined at Delaney Hall Detention Facility, intends to apply for asylum, withholding of removal, and protection under the Convention Against Torture. (Id. Paras. 19, 21). 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 Respondents have unlawfully detained Petitioner 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, 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). In light of the pending criminal charges against Petitioner, the Court concludes that, in accordance with § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an IJ who shall assess whether Petitioner presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Respondents shall provide notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -7), 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 5/5/2026. (ek) (Entered: 05/05/2026)

May 05, 2026

Text Order

#4

May 15, 2026

Notice of Appearance

#5

May 15, 2026

Status Report