District of New Jersey • 1:26-cv-06302

#1

May 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17479736.), filed by FRANKLIN LOPEZ-RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # 3 Text of Proposed Order, # 4 Brief)(ALLEN, MARIBEL) (Entered: 05/29/2026)

#2

May 29, 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 5/29/2026. (ps) (Entered: 05/29/2026)

May 29, 2026

Case Assigned/Reassigned

May 29, 2026

Emergent Immigration Habeas Non-transfer Order

May 29, 2026

Case Assigned to Judge Karen M. Williams. (ps)

#3

Jun 01, 2026

TEXT ORDER -The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Franklin Lopez-Rodriguez, 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 Guatemala who entered the United States on or about March 23, 2024, without inspection. Petitioner alleges that he established residence in New Jersey following his entry and has never been charged with or convicted of a crime. Petitioner further alleges that he has filed an application for asylum, which remains pending. On May 14, 2026, Petitioner alleges he was arrested by Immigration and Customs Enforcement while driving to work, and is currently being detained under a mandatory, "no-bond" framework. (Id.) The Court preliminarily concludes that Petitioner may be 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 may instead be subject to detention 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, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, 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 Amayais distinguishable, they shall file a response to the Petition by June 8, 2026 setting forth the basis for that position. 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 Karen M. Williams on June 1, 2026. (Williams, Karen) (Entered: 06/01/2026)

Jun 01, 2026

Text Order

#4

Jun 02, 2026

Status Report

Jun 10, 2026

Terminate Civil Case

Jun 10, 2026

Text Order