District of New Jersey • 2:26-cv-05059

#1

May 05, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17389086.), filed by Ambiorix Rodriguez. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Certificate of Service, # 7 Supplement)(CHICAS, JESSICA) (Attachment 7 replaced on 5/6/2026) (lag, ). (Entered: 05/05/2026)

#2

May 06, 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 5/6/2026. (ps) (Entered: 05/06/2026)

May 06, 2026

QC - Fillable PDF

May 06, 2026

Case Assigned/Reassigned

May 06, 2026

Emergent Immigration Habeas Non-transfer Order

May 06, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -7 Civil Cover Sheet filed by JESSICA CHICAS on 5/5/2026 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. (lag, )

May 06, 2026

Case Assigned to Judge Madeline Cox Arleo. (ps)

#3

May 29, 2026

Exhibit (to Document)

#4

Jun 03, 2026

TEXT ORDER - Petitioner AMBIORIX RODRIGUEZ is a citizen of Dominican Republic with no criminal history who first entered the United States in the summer of 2006 through the US Mexico Border in Texas and was later paroled into the United States on March 23, 2023, from the Newark airport. (Petition at 8-9, 17.) He was arrested without explanation by Immigration and Customs Enforcement ("ICE") on March 22, 2026. (Id. at 14.) Based on this Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that Petitioner has a significant criminal history, they shall file an expedited answer within three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 6/3/2026. (aa, ) (Entered: 06/03/2026)

#5

Jun 03, 2026

Notice of Appearance

#6

Jun 03, 2026

Letter

Jun 03, 2026

Order