District of New Jersey • 2:26-cv-05942

#1

May 23, 2026

PETITION for Writ of Habeas Corpus, Emergency Motion for Immediate Release, Emergency Motion for Temporary Restraining Order, and Application IFP, filed by ALAN MOISES IDROVO DIAZ. (Attachments: # 1 EVIDENCE 1, # 2 EVIDENCE 2)(Received via ADS)(wh) (Entered: 05/26/2026)

#2

May 26, 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 5/26/2026. N/M(wh) (Entered: 05/26/2026)

May 26, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 27, 2026

TEXT ORDER : This matter is before the Court on the pro se 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's request to proceed in forma pauperis,(Pet. at 14-19), is GRANTED. Petitioner, a native and citizen of Ecuador, alleges that, in or around November 2023, he entered the United States near Lukeville, Arizona, and was subsequently placed in removal proceedings. (Id. at 3). Petitioner has filed for asylum and withholding of removal, complied with all reporting and other immigration obligations, received employment authorization, and maintained lawful employment. (Id. at 3-4). Petitioner's father is a lawful permanent resident. (Id. at 4). Petitioner "has absolutely no criminal history." (Id. at 2). On May 17, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at a routine reporting appointment and has detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. at 2, 4). Based on Petitioner's allegations 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 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. Petitioner's emergency for a temporary restraining order and immediate injunctive relief, (Pet. at 9-13), is DENIED as moot. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 & 1 -2), 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 5/27/2026. (ek) (Entered: 05/27/2026)

May 27, 2026

Text Order

#4

May 29, 2026

Notice of Appearance

#5

May 29, 2026

Letter