District of New Jersey • 2:26-cv-05131

#1

May 07, 2026

PETITION for Writ of Habeas Corpus, filed by BRYAN LLUMITAXI MORETA. (Attachments: # 1 Envelope)(pm, ) (Entered: 05/07/2026)

#2

May 07, 2026

SEALED Exhibit to 1 Petition for Writ of Habeas Corpus by BRYAN LLUMITAXI MORETA. (pm, ) (Entered: 05/07/2026)

May 07, 2026

CLERK'S QUALITY CONTROL MESSAGE - An Affidavit of Poverty has been sent to petitioner along with the notice of filing. (pm, )

May 07, 2026

QC - Generic Message

#3

May 08, 2026

TEXT ORDER: This matter comes before the Court upon pro se Petitioner Bryan Llumitaxi Moreta's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful and in violation of his liberty interest under the Due Process Clause of the Fifth Amendment. Id. 11-22. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within seven days. Petitioner may file a reply brief within three days of the filing date of the answer. Signed by Judge Evelyn Padin on 5/8/2026. (wh) (Entered: 05/08/2026)

May 08, 2026

Order to Answer

#4

May 15, 2026

Notice of Appearance

#5

May 15, 2026

Response to Habeas Petition

#6

May 17, 2026

TEXT ORDER: Petitioner Bryan Llumitaxi Moreta filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging that he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). Respondents filed an answer to the Petition, D.E. 5 ("Answer"), wherein they stipulate that Petitioner's factual allegations are not materially distinguishable from the cases in this district previously addressing § 1225(b) and that Petitioner does not have a criminal record, id. at 1, n.1; D.E. [5-1] at 3 ("I-213"). Accordingly, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. Respondents are ORDERED to release Petitioner within three days of this Order and file a written notice of Petitioner's release within three days thereafter. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 5/17/2026. (bt) (Entered: 05/17/2026)

May 17, 2026

Text Order

#7

May 20, 2026

Letter

#8

May 22, 2026

TEXT ORDER: On 4/17/2026, this Court granted Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to release Petitioner within three days of that order. D.E. 6 . The Court has reviewed the Government's status update, D.E. 7, apprising the Court that Petitioner was released on that same day. Accordingly, this matter is CLOSED. So Ordered by Judge Evelyn Padin on 5/22/2026. (bt) (Entered: 05/22/2026)

May 22, 2026

Terminate Civil Case

May 22, 2026

Text Order

May 22, 2026

***Civil Case Terminated. (wh)