District of New Jersey • 1:26-cv-05448

#1

May 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17420281.), filed by IDELMARIS HERNANDEZ SANTANA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit OSUP, # 3 Exhibit BIOMETRICS, # 4 Exhibit EMPLOYMENT AUTHORIZATION, # 5 Exhibit NEXT CHECK IN, # 6 Exhibit ICE LOCATOR)(CARDENAS, VERONICA) (Entered: 05/13/2026)

#2

May 14, 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 5/14/2026. (ps) (Entered: 05/14/2026)

#3

May 14, 2026

TEXT ORDER - : The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Idelmaris Hernandez-Santana, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) Petitioner is a native and citizen of Cuba who was previously subject to the Migrant Protection Protocols and was ordered removed in absentia while in Mexico in 2020. Petitioner alleges that he subsequently entered the United States in December 2022, at which time Immigration and Customs Enforcement ("ICE") released him pursuant to an Order of Supervision and Form I-220A. Petitioner further alleges that he thereafter resided in New Jersey with his family, complied with reporting requirements, pursued asylum relief, maintained employment authorization, and remained enrolled in Alternatives to Detention. Petitioner additionally alleges that on or about May 8, 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 21, 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 Karen M. Williams on May 14, 2026. (Williams, Karen) (Entered: 05/14/2026)

May 14, 2026

Emergent Immigration Habeas Non-transfer Order

May 14, 2026

Case Assigned to Judge Karen M. Williams. (ps)

May 14, 2026

Text Order

May 14, 2026

Case Assigned/Reassigned

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May 21, 2026

Notice of Appearance

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May 21, 2026

Response to Habeas Petition

#6

May 28, 2026

Letter

#7

Jun 12, 2026

Letter