District of New Jersey • 2:26-cv-05316

#1

May 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17411080.), filed by FABIAN DELGADO HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Appendix, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B, # 6 Certificate of Service)(SOLOW, ADAM) (Entered: 05/12/2026)

#2

May 12, 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 5/12/2026. (mfr) (Entered: 05/12/2026)

#3

May 12, 2026

TEXT ORDER - Before the Court is Petitioner Fabian Delgado Hernandez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Costa Rica, who entered the United States in 2024, contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as he has resided in the United States for several years after entry without admission or parole, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b) and have still failed to provide Petitioner with the individualized bond hearing that he is entitled to. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 5/12/2026. (kd) (Entered: 05/12/2026)

#4

May 12, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of TODD BLANCHE, JONATHAN FLORENTINO, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO (BOBER, SANDRA) (Entered: 05/12/2026)

#5

May 12, 2026

Letter from US Attorney's Officer re: Petitioner's Release. (BOBER, SANDRA) (Entered: 05/12/2026)

May 12, 2026

Case Assigned to Judge Julien Xavier Neals. (mfr)

May 12, 2026

: CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Please do NOT add addresses to the docket. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. and In the future, please use 28:2241 Petition for Writ of Habeas Corpus (federal) as the cause of action; 463-Habeas Corpus - Alien Detainee as the Nature of Suit; the Jurisdiction should be U.S. Government defendant; the party roles should be Petitioner v. Respondent; and please make sure to include the Respondent descriptions in the PARTY TEXT field. Example: Attorney General of the United States. Please make note of this for future filings. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

May 12, 2026

Text Order

May 12, 2026

QC - Attorney Case Opening

May 12, 2026

Case Assigned/Reassigned

May 12, 2026

Emergent Immigration Habeas Non-transfer Order

#6

May 13, 2026

TEXT ORDER - Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5 .) According, it is ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Julien Xavier Neals on 5/13/2026. (kd) (Entered: 05/13/2026)

May 13, 2026

***Civil Case Terminated. (wh)

May 13, 2026

Text Order

May 13, 2026

Terminate Civil Case