District of New Jersey • 3:26-cv-05674

#1

May 18, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17435401.), filed by FABRIZIO ISMAEL CAJAMARCA. (Attachments: # 1 Civil Cover Sheet)(STILLMAN, LINA) (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. (jml, ) (Entered: 05/18/2026)

#3

May 18, 2026

AFFIDAVIT of Service for PETITION OF WRIT OF HABEAS CORPUS served on ALL RESPONDENTS on 5/18/2026, filed by FABRIZIO ISMAEL CAJAMARCA. (STILLMAN, LINA) (Entered: 05/18/2026)

May 18, 2026

Add and Terminate Judges

May 18, 2026

QC - Attorney Case Opening

May 18, 2026

Emergent Immigration Habeas Non-transfer Order

May 18, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: > In the future, please use 463-Habeas Corpus - Alien Detainee as the Nature of Suit;the Jurisdiction should be U.S. Government defendants; and please make sure to include the Respondent descriptions in the PARTY TEXT field. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jml, )

May 18, 2026

Judge Georgette Castner added. (jml, )

#4

May 19, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner alleges that his first entry into the United States occurred near the southern border on or about September 18, 2020; a Notice to Appear was issued on September 22, 2020; he was apprehended on or about September 23, 2020; Petitioner was placed in the Migrant Protection Program; and he was then released from custody on February 24, 2021. (Id. Para. 20.) It appears that Petitioner was later removed or otherwise turned back in to Mexico in or around December 2020; he attempted re-entry in April 2021 but was removed or turned back to Mexico; and he re-entered the United States in April 2021. (Id. Para. 21.) "The precise nature of any prior removals is unclear, and records appear inconsistent regarding whether any formal order of removal was ever entered against Petitioner." (Id.) Furthermore, the removal proceedings remain pending, with no indication that any decision has been entered or an administrative appeal has been filed. (Id.) Since April 2021, Petitioner has lived continuously in Queens, New York, where he has worked to support his incapacitated fifty-six year-old father and his seventeen year-old brother. (Id. Paras. 19, 22.) Petitioner has no criminal history of any kind. (Id. Para. 27.) On May 13, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was preparing to drive home after finishing his work shift at a job site in Queens and have detained him at Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 23.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, ECF No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty-four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's request for an order to show cause (ECF No. 1 -12) is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (ECF 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 Georgette Castner on 5/19/2026. (jmh) (Entered: 05/19/2026)

#5

May 19, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR WILSON (LASERNA, JESSICA) (Entered: 05/19/2026)

#6

May 19, 2026

Consent MOTION to Change Venue to Eastern District of New York by TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR WILSON. (Attachments: # 1 Text of Proposed Order)(LASERNA, JESSICA) (Entered: 05/19/2026)

May 19, 2026

Set Deadlines as to 6 Consent MOTION to Change Venue to Eastern District of New York. Motion set for 6/15/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr3)

May 19, 2026

4 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/19/2026. (jmh)

May 19, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 3 Affidavit submitted by Lina Stillman on 5/18/2026 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (kht)

May 19, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

May 19, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 19, 2026

Text Order

May 19, 2026

Docket Annotation (public)

May 19, 2026

QC - Document Not Signed by Attorney

May 19, 2026

Notice of Judicial Preferences

#7

May 20, 2026

TEXT ORDER: This matter comes before the Court on the consent motion to transfer venue (Consent Motion) jointly filed by Petitioner and Respondents. (ECF No. 6 .) For the reasons stated in the parties' Consent Motion, the Consent Motion is GRANTED. The Court directs the Clerk of the Court to TRANSFER this matter to the United States District Court for the Eastern District of New York. The Clerk of the Court shall terminate the Motion pending at ECF No. 6 and mark this matter as CLOSED. So Ordered by Judge Georgette Castner on 5/20/2026. (jmh) (Entered: 05/20/2026)

May 20, 2026

Case extracted via ECF to the United States District Court for the Eastern District of New York (jjc, )

May 20, 2026

Case Transferred Out - District Court Transfer

May 20, 2026

Order of Dismissal AND Text Order AND ~Util - Terminate Motions

May 21, 2026

Docket Annotation (public)