District of New Jersey • 2:26-cv-05616

#1

May 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17430089.), filed by MAINO AUNER LOPEZ VELASQUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Text of Proposed Order, # 4 Exhibit ICE Locator)(CARDENAS, VERONICA) (Entered: 05/16/2026)

#2

May 16, 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 5/16/2026. (jml, ) (Entered: 05/16/2026)

May 16, 2026

Judge Madeline Cox Arleo added. (jml, )

May 16, 2026

Add and Terminate Judges

May 16, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 05, 2026

Show Cause

#4

Jun 29, 2026

Letter from Petitioner requesting decision. (CARDENAS, VERONICA) (Entered: 06/29/2026)

#5

Jun 29, 2026

TEXT ORDER - Petitioner Maino Auner Lopez-Velasquez is a native and citizen of Guatemala who entered the United States in 2018 to 2019 (Petition at 45-46.) He was detained by ICE on May 8, 2026, and he contends that officials have not "provided a basis to support a finding that Petitioner poses a flight risk or a danger to the community." (Id. at 47, 55.) Based on these facts and the Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 2 shall remain in effect while this matter is pending. The motion for an OTSC at ECF No. 3 shall be terminated considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 6/29/26. (aa, ) (Entered: 06/29/2026)

#6

Jun 29, 2026

Notice of Appearance

#7

Jun 29, 2026

Letter

Jun 29, 2026

Order