District of New Jersey • 2:26-cv-05531

#1

May 14, 2026

PETITION for Writ of Habeas Corpus, filed by LUIS ALBERTO ALAYO CAYCHO. (Attachments: # 1 Cover Letter, # 2 Application IFP, # 3 Certificate of Service)(Received via ADS)(N/M)(gev) (Entered: 05/15/2026)

#2

May 14, 2026

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND IMMEDIATE RELEASE FROM CUSTODY by LUIS ALBERTO ALAYO CAYCHO. (Received via ADS) (gev) (Entered: 05/15/2026)

May 14, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, LUIS ALBERTO ALAYO CAYCHO has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (gev)

#3

May 15, 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 5/15/2026. (gev) (Entered: 05/15/2026)

#4

May 15, 2026

TEXT ORDER - Before the Court is Petitioner Luis Alberto Alayo Caycho's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing (ECF No. 1 ), and his application to proceed in forma pauperis ("IFP") (ECF No. 1-1), and an motion for temporary restraining order ("TRO") (ECF No. 2 ). Petitioner, a native of Peru, who entered the United States in May 2022 and was subsequently released under supervision, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally id.) It is unclear whether Petitioner was released into the country on humanitarian parole under 8 U.S.C. § 1182(d)(5) or was provided a different form of release. However, based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he was previously released into the country and was re-detained years later on the interior of the country. As such, his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) 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)(1), which the Court has found 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 his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that Petitioner's IFP application (ECF No. 1-1) is GRANTED. It is further ORDERED that Petitioner's TRO motion (ECF No. 2) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, 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 Julien Xavier Neals on 5/15/2026. (kd) (Entered: 05/15/2026)

#5

May 15, 2026

Notice of Appearance

#6

May 15, 2026

Letter

May 15, 2026

Notice of NEF Consent

May 15, 2026

Emergent Immigration Habeas Non-transfer Order

May 15, 2026

Text Order