District of New Jersey • 2:26-cv-05400

#1

May 13, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief ( Filing fee $ 5 receipt number ANJDC-17417228.), filed by FERNANDO HUMBERTO CANDIA OSORIO. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit)(MIRON, ALEXANDRA) (Entered: 05/13/2026)

#2

May 13, 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 5/13/2026. (ps) (Entered: 05/13/2026)

May 13, 2026

Case Assigned/Reassigned

May 13, 2026

Emergent Immigration Habeas Non-transfer Order

May 13, 2026

Case Assigned to Judge Jamel K. Semper. (ps)

#3

May 18, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Fernando Humberto Candia Osorio, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Colombia who entered the United States in 2022, was detained by immigration authorities, and released on his own recognizance. Petitioner alleges that he has filed an application for relief in removal proceedings, with an upcoming appearance scheduled before the Immigration Court on April 12, 2027. Petitioner additionally alleges that on May 9, 2026, he was re-detained by ICE in violation of his right to due process. (Id.) The Court concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amaya is factually distinguishable, they shall file a response to the Petition by May 25, 2026. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 5/18/2026. (sms) (Entered: 05/18/2026)

May 18, 2026

Order to Answer

#4

May 19, 2026

Notice of Appearance

#5

May 19, 2026

Letter