District of New Jersey • 2:26-cv-05340

#1

May 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17412558.), filed by Melvin Nosmar Dominguez Rodriguez.(COSME BRAVO, VIVIANNA) (Entered: 05/12/2026)

#2

May 12, 2026

MOTION for Order to Show Cause by Melvin Nosmar Dominguez Rodriguez. (COSME BRAVO, VIVIANNA) (Entered: 05/12/2026)

#3

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)

May 12, 2026

Emergent Immigration Habeas Non-transfer Order

May 12, 2026

Case Assigned/Reassigned

May 12, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

May 14, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#4

Jun 10, 2026

TEXT ORDER - Petitioner MELVIN NOSMAR DOMINGUEZ RODRIGUEZ is a citizen of Honduras who entered the United States without inspection in 2014 and is in removal proceedings. (ECF No. 1, Petition at 11, 16-19.) He is currently detained in this District without the opportunity for bond. (Id. at 19.) Based on these allegations and pursuant to recent decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025), and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026), this 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), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b) by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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).) 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 has a significant criminal history or they believe the case is legally or factually distinguishable, 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) days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 3 shall remain in effect while this matter is pending and the motion for an order to show cause at ECF No. 2 shall be terminated considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 6/10/2026. (aa, ) (Entered: 06/10/2026)

#5

Jun 10, 2026

Letter

Jun 10, 2026

Order