District of New Jersey • 2:26-cv-05869

#1

May 22, 2026

First PETITION for Writ of Habeas Corpus and injunctive relief ( Filing fee $ 5 receipt number ANJDC-17453056.), filed by ROEL GEOVANI SERRANO PORTILLO. (Attachments: # 1 Certificate of Service, # 2 Civil Cover Sheet, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MIRON, ALEXANDRA) (Entered: 05/22/2026)

#2

May 22, 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 5/22/2026. (mfr) (Entered: 05/22/2026)

May 22, 2026

Case Assigned to Judge Madeline Cox Arleo. (mfr)

May 22, 2026

Case Assigned/Reassigned

May 22, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 23, 2026

Letter from Petitioner. (Attachments: # 1 Exhibit)(MIRON, ALEXANDRA) (Entered: 05/23/2026)

#4

May 28, 2026

Letter

#5

Jun 23, 2026

Letter

#6

Jun 29, 2026

TEXT ORDER - Petitioner ROEL GEOVANI SERRANO PORTILLO is a citizen of Honduras and has allegedly lived continuously in the United States for 28 years and entered without inspection or admission; he is the beneficiary of deferred action based on a pending U visa petition (Petition at 1.) He was detained by ICE on May 20 2026, and has been denied the opportunity for bond. (Id. at 7, 34.) Based on these facts and the Court's decisions in Vasquez Lucero v. Soto, et al, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 2 shall remain in effect while this matter is pending. So Ordered by Judge Madeline Cox Arleo on 6/29/2026. (aa, ) (Entered: 06/29/2026)

Jun 29, 2026

Order

#7

Jun 30, 2026

Notice of Appearance

#8

Jun 30, 2026

Letter

#9

Jun 30, 2026

Letter