District of New Jersey • 2:26-cv-05752

#1

May 19, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17441150.), filed by STEVEN J THIMPSON ESPINOZA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 05/19/2026)

#2

May 20, 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 5/19/26. (tjg, ) (Entered: 05/20/2026)

#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 Nicaragua, alleges that, on or about July 3, 2022, he entered the United States by land, was processed by border patrol agents, and was released on humanitarian parole. (Pet. Paras. 27, 29). Since his release, Petitioner has resided in New Jersey and is currently married to a U.S. citizen, who is expecting their first child. (Id. Para. 28). Petitioner's wife's pregnancy has been deemed high risk. (Id.). Petitioner intended to file an application for adjustment of status to be filed concurrently with his wife's family petition based on their bona fide marriage. (Id. Para. 31). On May 16, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner when he appeared for an interview with a deportation officer and have detained him at Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 32). In his Petition, Petitioner fails to state whether he has any criminal history. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. 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)

May 20, 2026

Case Assigned/Reassigned

May 20, 2026

Case assigned to Judge Esther Salas. (tjg, )

May 20, 2026

Emergent Immigration Habeas Non-transfer Order

May 20, 2026

Text Order

#4

May 21, 2026

Affidavit

#5

May 21, 2026

Notice of Appearance

#6

May 22, 2026

Letter

#7

May 22, 2026

TEXT ORDER: This matter is before the Court on Petitioner's counsel's May 21, 2026 Letter, (D.E. No. 4 ("May 21, 2026 Letter")), Petitioner's sworn statement, (D.E. No. [4-1] ("Sworn Statement")), filed pursuant to this Court's May 20, 2026 Text Order, (D.E. No. 3 ("May 20, 2026 Text Order")), the redacted email from Petitioner's wife, (D.E. No. [4-2] ("Wife's Email")), and the May 22, 2026 "Letter from Petitioner ['s counsel] notifying of EMERGENCY CONDITIONS AT THE DELANEY HALL DETENTION FACILITY," (D.E. No. 6 ("Emergency Conditions Letter")). According to Petitioner's Sworn Statement, "I confirm that I have never been criminally arrested and that I have never been convicted of any criminal charge at any time in my life, anywhere in the world." (Sworn Statement at 1). Based on this Sworn Statement, the May 20, 2026 Text Order's summary of the allegations in his petition for a writ of habeas corpus under 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), and this Court's recent decision in Diaz 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 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); 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) (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 (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 file an expedited answer, Respondents shall address in their answer Petitioner's counsel request in the May 21, 2026 Letter that Petitioner be released because Petitioner's wife is "currently displaying a concerning exceedingly high level of stress which could potentially harm the pregnancy which has already been deemed high risk as she was heard by this counsel cry inconsolable over the phone following her recent email communication," (May 21, 2026 Letter at 1 (citing Wife's Email)), and the allegations raised in the Emergency Conditions Letter. 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. So Ordered by Judge Esther Salas on 5/22/2026. (tjd) (Entered: 05/22/2026)

May 22, 2026

Order

#8

May 24, 2026

Letter