District of New Jersey • 2:26-cv-05341

#1

May 12, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief ( Filing fee $ 5 receipt number ANJDC-17412609.), filed by PAULINHO ASSUNCAO DE SOUSA. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MIRON, ALEXANDRA) (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)

May 12, 2026

Emergent Immigration Habeas Non-transfer Order

May 12, 2026

Case Assigned to Judge Brian R. Martinotti. (mfr)

May 12, 2026

Case Assigned/Reassigned

#3

May 13, 2026

TEXT ORDER: Before the Court is Petitioner Paulinho Assucao De Sousa's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Brazil, entered the United States without inspection in 2021, presented himself to immigration authorities, and was subsequently released into the country. (ECF No. 1 at 2.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1.) It is unclear is Petitioner was released into the country on humanitarian parole or by another form of release. However, based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) 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 her 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 Suazo Rivera and Sandhu, 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 Brian R. Martinotti on 05/13/2026. (lr, ) (Entered: 05/13/2026)

May 13, 2026

Text Order

#4

May 15, 2026

Notice of Appearance

#5

May 15, 2026

Letter

May 18, 2026

Terminate Civil Case

May 18, 2026

Text Order