District of New Jersey • 2:26-cv-05150

#1

May 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number NEW54047.), filed by SEGUNDO PRINCIPE LAZARO. (Attachments: # 1 Envelope, # 2 Exhibit, # 3 Attachment)(vm) (Entered: 05/07/2026)

#2

May 07, 2026

MOTION TO EXPEDITE CONSIDERATION OF HABEASPETITION by SEGUNDO PRINCIPE LAZARO. (vm) (Entered: 05/07/2026)

#3

May 07, 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 5/7/26. (vm) (Entered: 05/07/2026)

May 07, 2026

Emergent Immigration Habeas Non-transfer Order

May 07, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 07, 2026

Set Deadlines as to 2 MOTION TO EXPEDITE CONSIDERATION OF HABEAS PETITION. Motion set for 6/1/2026 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (vm)

#4

May 08, 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.")).Petitioner Segundo Principe Lazaro, a citizen of Peru, alleges that he entered the United States with parole and inspection. (Pet. at Paras. 1-2). He has a pending asylum application, (id. at Para 3), and has been authorized to work. (Id. at Para. 4). He has no criminal history. (Id. at Para 6). Immigration and Customs Enforcement ("ICE") arrested him on April 12, 2026. (Id. at Para. 11). Petitioner remains detained at Delaney Hall to date, without a bond hearing. (Id. at Para 12 & p. 2). 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 it appears Respondents have unlawfully detained Petitioner without a bond hearing 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, et al, 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). "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.'" AlvarezHererrav. Soto, et al., No. 26-2482, (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 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 1 ), and ORDERS that Respondents release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within 48 hours. If Respondents do not file an expedited answer, they shall file a status report within 48 hours confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), its attachments, (D.E. 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 Esther Salas on 5/8/2026. (ek) (Entered: 05/08/2026)

May 08, 2026

Text Order

#5

May 09, 2026

Notice of Appearance

#6

May 09, 2026

Letter

#7

May 11, 2026

Order of Dismissal

#8

Jun 02, 2026

Mail Returned

#9

Jul 01, 2026

Mail Returned