District of New Jersey • 2:26-cv-05242

#1

May 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17404345.), filed by SEGUNDO FELICIANO NAULA VILLAY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 05/09/2026)

#2

May 09, 2026

MOTION for Temporary Restraining Order by SEGUNDO FELICIANO NAULA VILLAY. (MINOGUE, ALEXANDRA) (Entered: 05/09/2026)

#3

May 09, 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 5/9/2026. (jml, ) (Entered: 05/09/2026)

May 09, 2026

Emergent Immigration Habeas Non-transfer Order

May 09, 2026

Add and Terminate Judges

May 09, 2026

Judge Madeline Cox Arleo added. (jml, )

#4

May 22, 2026

Letter

#5

May 27, 2026

Letter

#6

May 28, 2026

TEXT ORDER- Petitioner SEGUNDO FELICIANO NAULA VILLAY is a citizen of Ecuador and asylum-seeker who allegedly has no criminal history and has resided in the United States since 2021; he was arrested by ICE on May 6, 2026 in New Jersey. (Petition at 1-3.) Based on these allegations and the 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)(2), 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 removal and transfer entered at ECF No. 3 shall remain in effect while this matter is pending. The motion for a Temporary Restraining Order at ECF No. 2 shall be terminated considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 5/28/2026. (aa, ) (Entered: 05/28/2026)

#7

May 28, 2026

Notice of Appearance

#8

May 28, 2026

Letter

May 28, 2026

Order

#9

Jun 01, 2026

Order of Dismissal