District of New Jersey • 3:26-cv-04951

#1

May 02, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17377879.), filed by JUAN CHAVEZ LALVAY. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order ORDER TO SHOW CAUSE, # 3 Text of Proposed Order HABEAS ORDER)(SANTANA, JOSE) (Entered: 05/02/2026)

#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

Notice of Judicial Preferences

May 02, 2026

Add and Terminate Judges

May 02, 2026

Emergent Immigration Habeas Non-transfer Order

May 02, 2026

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

May 02, 2026

Judge Georgette Castner added. (jml, )

#3

May 04, 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 Ecuador, alleges that he entered the United States at or near San Luis, Arizona, on or around December 20, 2022 and that he has resided continuously in this country since his entry. (Id. Paras. 18-19.) Petitioner has no criminal record and has never been arrested, charged, or convicted of any offense. (Id. Para. 3.) On or around April 26, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner when she arrived for his regular check-in appointment and has detained him at Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Para. 2, 7.) 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. The request for an order to show cause (ECF No. 1 -2) 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 -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 Georgette Castner on 5/4/2026. (jmh) (Entered: 05/04/2026)

#4

May 04, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (BOBER, SANDRA) (Entered: 05/04/2026)

#5

May 04, 2026

Letter from US Attorney's Office re: Petitioner's Release. (BOBER, SANDRA) (Entered: 05/04/2026)

May 04, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/4/2026. (jmh)

May 04, 2026

Text Order

May 04, 2026

Docket Annotation (public)

May 06, 2026

Order of Dismissal AND Text Order