District of New Jersey • 2:26-cv-05970

#1

May 26, 2026

First PETITION for Writ of Habeas Corpus TODD LYONS AND LUIS SOTO ( Filing fee $ 5 receipt number ANJDC-17462025.), filed by ANTONIO SIMAO DE SOUSA SANTOS. (Attachments: # 1 Civil Cover Sheet JS44)(FERREIRA, ANA) (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. (gxh) (Entered: 05/26/2026)

#3

May 26, 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 Antonio Simao De Sousa Santos, a citizen of Brazil, alleges that he entered the United States in June 2021 without inspection. (Pet. at Paras. 1 & 2). He alleges that he "has a United States Citizen child who was born in May of 2022" and that he "has a pending asylum application." (Id. at Paras 16 & 17). Immigration and Customs Enforcement ("ICE") arrested Petitioner on May 23, 2026, during his routine, scheduled ICE check-in and detained him at the Delaney Hall Detention Facility, where he remains detained. (Id. Paras. 3 & 10). The Petition is silent regarding Petitioner's criminal history. (See generally id.). Accordingly, within 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 ), 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 5/26/2026. (ek) (Entered: 05/26/2026)

May 26, 2026

Case Assigned/Reassigned

May 26, 2026

Emergent Immigration Habeas Non-transfer Order

May 26, 2026

Case Assigned to Judge Esther Salas. (gxh)

May 26, 2026

Text Order

#4

May 27, 2026

Certification on behalf of ANTONIO SIMAO DE SOUSA SANTOS. (FERREIRA, ANA) (Entered: 05/27/2026)

#5

May 28, 2026

TEXT ORDER : This matter is before the Court on Petitioner's Certification, (D.E. No. 4 ("Certification" or "Certif."), submitted pursuant to this Court's May 26, 2026 Text Order, (D.E. No. 3 ("May 26, 2026 Text Order")). Petitioner certifies that he has had "no criminal contact in the United States, Brazil, or anywhere in the world," and his only contact with authorities "is with immigration when [he] entered the United States and when [he] was recently detained at [his] ICE check-in." (Certif. Paras. 1-2). In 2025, he was stopped by the police for having an expired registration, was issued a ticket, and has paid the ticket and took care of the expired registration. (Id. Para. 3). Basedon the Certification, the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 1241, (D.E. No. 1), summarized in this Court's May 26, 2026 Text Order, 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 her 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. So Ordered by Judge Esther Salas on 5/28/2026. (ek) (Entered: 05/28/2026)

#6

May 28, 2026

Notice of Appearance

#7

May 28, 2026

Letter

May 28, 2026

Text Order

#8

Jun 03, 2026

TEXT ORDER : This matter comes before the Court on Respondents' May 28, 2026 letter indicating that, pursuant to this Court's May 28, 2026 Text Order, (D.E. No. 5 ), Petitioner was released from ICE custody. (D.E. No. 7 ). Respondents ask the Court to close this action. (Id.). Respondents' request is GRANTED. Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter.So Ordered by Judge Esther Salas on 6/3/2026. (ek) (Entered: 06/03/2026)

Jun 03, 2026

Terminate Civil Case

Jun 03, 2026

Text Order

Jun 03, 2026

***Civil Case Terminated. (ek)