District of New Jersey • 2:26-cv-05795

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May 20, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17446026.), filed by CATARI GOMEZ WILLIAN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(CANDIA, WILLIAM) (Entered: 05/20/2026)

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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 5/20/2026. (jml, ) (Entered: 05/20/2026)

May 20, 2026

Judge Jamel K. Semper added. (jml, )

May 20, 2026

Add and Terminate Judges

May 20, 2026

Emergent Immigration Habeas Non-transfer Order

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May 21, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Catari Gomez Willian, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Venezuela who entered the United States in 2022 and has resided in this country since that time. Petitioner alleges that he timely filed an I-589 Application for Asylum and for Withholding of Removal, which remains pending. Petitioner further alleges that, on or about December 22, 2023, he filed an application for Temporary Protected Status ("TPS"), which was approved and remains valid through October 2, 2026. According to the Petition, Immigration and Customs Enforcement arrested Petitioner on May 17, 2026, during a scheduled check-in appointment. Petitioner contends that he does not present a flight risk or danger to the community. (Id.) The Court concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amaya is factually distinguishable, they shall file a response to the Petition by May 28, 2026. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 5/21/2026. (sms) (Entered: 05/21/2026)

May 21, 2026

Order to Answer

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May 22, 2026

Letter

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May 23, 2026

Notice of Appearance