District of New Jersey • 2:26-cv-06342

#1

May 30, 2026

PETITION RECEIVED for Writ of Habeas Corpus filed by VICTOR RODRIGUES AFONSO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (jml, ) (Entered: 05/30/2026)

#2

May 30, 2026

MOTION for Temporary Restraining Order by VICTOR RODRIGUES AFONSO. (jml, ) (Entered: 05/30/2026)

#3

May 30, 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 5/30/2026. (jml, ) (Entered: 05/30/2026)

May 30, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 02, 2026

Filing fee: $ 5, receipt number 149527 (in-cj, )

Jun 02, 2026

Filing Fee Received

#4

Jun 04, 2026

TEXT ORDER: VICTOR RODRIGUES AFONSO, a citizen of Brazil with no criminal history, alleges that he entered the United States in 2022 and was released pending immigration proceedings; on May 24, 2026, he was arrested by Immigration and Customs Enforcement ("ICE") in the interior of the United States and is currently detained at Delaney Hall in Newark, New Jersey. (ECF No. 1, Petition at 9-20.) He contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested in the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that a noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status when parole ends). Based on the allegations in the Petition and this Court's prior decisions, the Court GRANTS the Petition and will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The motion for a temporary restraining order (ECF No. 2) shall be terminated in light of the relief provided on the underlying Petition. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 6/4/26. (cm, ) (Entered: 06/04/2026)

#5

Jun 04, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSAKOURIS (BOBER, SANDRA) (Entered: 06/04/2026)

#6

Jun 04, 2026

Letter

Jun 04, 2026

Order

#7

Jun 05, 2026

TEXT ORDER: On June 4, 2026, the Court granted Victor Rodrigues Afonso's habeas petition brought pursuant to 28 U.S.C. § 2241 and ordered respondents to release him within 24 hours. ECF No. 4 . On the same day, respondents filed a letter confirming his release from ICE custody on June 4, 2026, at 4:45 p.m. ECF No. 15 . In light of his release, this matter shall be marked CLOSED. So Ordered by Judge Katharine S. Hayden on 6/5/26. (cm, ) (Entered: 06/05/2026)

Jun 05, 2026

***Civil Case Terminated. (cm, )

Jun 05, 2026

Order

Jun 05, 2026

Terminate Civil Case

#8

Jun 23, 2026

Mail Returned