District of New Jersey • 2:26-cv-05373

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May 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17414810.), filed by BRUCE OMAR ELLIS. (Attachments: # 1 Civil Cover Sheet)(DESHMUKH, AMIT) (Entered: 05/12/2026)

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May 12, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus by BRUCE OMAR ELLIS. (DESHMUKH, AMIT)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 05/12/2026)

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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. (jml, ) (Entered: 05/12/2026)

May 12, 2026

Add and Terminate Judges

May 12, 2026

Judge Esther Salas added. (jml, )

May 12, 2026

Emergent Immigration Habeas Non-transfer Order

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May 13, 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.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ).Pursuant to the All Writs Act, see28 U.S.C. § 1651(a),Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Jamaica, alleges that, on an unspecified date "subsequent to March 20, 2026," ICE took him into custody and transferred him to the Delaney Hall Detention Facility in Newark, New Jersey, where he remains to date. (Pet. Paras. 1, 22). Petitioner represents that he lived with his sister in Englewood, New Jersey immediately prior to his arrest. (Id. Para. 8). While the Petition does not indicate when Petitioner arrived in the United States, an attachment to the Petition indicates that he did so prior to December 24, 2024. (D.E. No. 2 at 4 (ECF Pagination). On that date, the Department of Homeland Security issued a Notice to Appear alleging that Petitioner was "an alien present in the United States who has not been admitted or paroled" (and not an "arriving alien"), and directing him to appear before an immigration judge on August 22, 2028). (Id.). Petitioner has no criminal history of any kind in the United States or any other country. (Id.Para. 14). Based on Petitioner's allegations and this Court's recent decision inDiaz 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, 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.''" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quotingFajardo-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 alsoBeteta 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 SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. 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 forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the civil cover sheet, (D.E. No. 1 -1), the exhibits to the Petition, (D.E. No. 2 ), 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 5/13/2026. (ek) (Entered: 05/13/2026)

May 13, 2026

Text Order

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May 14, 2026

Notice of Appearance

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May 14, 2026

Letter