Eastern District of New York • 1:26-cv-03066

#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) [Transferred from New Jersey on 5/21/2026.] (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, ) [Transferred from New Jersey on 5/21/2026.] (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) [Transferred from New Jersey on 5/21/2026.] (Entered: 05/18/2026)

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, ) [Transferred from New Jersey on 5/21/2026.]

May 18, 2026

Judge Georgette Castner added. (jml, ) [Transferred from New Jersey on 5/21/2026.]

#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) [Transferred from New Jersey on 5/21/2026.] (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) [Transferred from New Jersey on 5/21/2026.] (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) [Transferred from New Jersey on 5/21/2026.] (Entered: 05/19/2026)

May 19, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, ) [Transferred from New Jersey on 5/21/2026.]

May 19, 2026

4 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/19/2026. (jmh) [Transferred from New Jersey on 5/21/2026.]

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) [Transferred from New Jersey on 5/21/2026.]

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) [Transferred from New Jersey on 5/21/2026.]

#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) [Transferred from New Jersey on 5/21/2026.] (Entered: 05/20/2026)

#8

May 21, 2026

Case transferred in from District of New Jersey; Case Number 3:26-cv-05674. Original file certified copy of transfer order and docket sheet received. (Entered: 05/21/2026)

May 21, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Fabrizio Ismael Cajamarca. Counsel for Respondents are directed to show cause by 4:00 p.m. on May 26, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Cunha v. Freden, --- F. 4th. ----, 2026 WL 1146044, at *23 (2d Cir. Apr. 28, 2026). Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on May 27, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 5/21/2026. (GEM)

May 21, 2026

The case of Cajamarca v. Soto et al, has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 26-cv-3066. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM)

May 21, 2026

Order to Show Cause (463)

May 21, 2026

ECF Admission and Registration Notification - Transfer

May 24, 2026

Order to Show Cause (463)

#9

May 26, 2026

Notice of Appearance

#10

May 26, 2026

Letter