District of New Jersey • 2:26-cv-05626

#1

May 18, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17430782.), filed by DAVID LEONEL GOMEZ CASTRO. (Attachments: # 1 Civil Cover Sheet)(MITCHELL, ADRIANA) (Attachment 1 replaced on 5/18/2026) (mj, ). (Entered: 05/18/2026)

#2

May 18, 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 5/18/2026. (jr) (Entered: 05/18/2026)

May 18, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -1 Civil Cover Sheet filed by ADRIANA MITCHELL on 5/18/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mj)

May 18, 2026

Case assigned to Judge Esther Salas. (jr)

May 18, 2026

QC - Fillable PDF

May 18, 2026

Case Assigned/Reassigned

May 18, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 20, 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. 2 ).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 Guatemala, alleges that, on or about December 17, 2023, he entered the United States with his wife and minor child, was processed by immigration authorities, and released with a Notice to Appear. (Pet. Para. 25). Since his entry, Petitioner has resided with family members and worked to support his family, including a U.S. citizen child who reportedly suffers from developmental and medical issues requiring ongoing care. (Id.Para. 26). "Petitioner has no known criminal history, no history of violence, and no record of posing any danger to the community." (Id.Para. 27 (further alleging that Petitioner has no reported problems with law enforcement)). On May 12, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner and his brother outside a Home Depot while they were traveling to work after purchasing construction materials, and Petitioner has been detained at Delaney Hall Detention Facility in Newark, New Jersey. (Id.Paras. 28-29). 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 also Beteta 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 attachment to the Petition, (D.E. No. 1 -1), 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 5/20/2026. (ek) (Entered: 05/20/2026)

#4

May 20, 2026

Notice of Appearance

#5

May 20, 2026

Letter

May 20, 2026

Text Order