District of New Jersey • 1:26-cv-06346

#1

Jun 01, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17482496.), filed by BRYAN G BONILLA MARCILLO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(CANDIA, WILLIAM) (Entered: 06/01/2026)

#2

Jun 01, 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 6/1/2026. (mfr) (Entered: 06/01/2026)

#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 Bryan G. Bonilla Marcillo, who is currently detained at Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Ecuador who entered the United States on or about October 2024. Petitioner alleges that upon entry, he was detained by ICE and later released under terms of supervision, established residence in New Jersey, has no criminal history, and has filed an I-589 application for Asylum and Withholding of Removal, which remains pending. Petitioner further alleges that ICE arrested him on May 25, 2026, during a scheduled check-in appointment and that he is presently being held without an opportunity to seek bond pursuant to Matter of Hurtado, 23 I&N Dec. 179 (BIA 2001). Petitioner contends that his continued detention violates the Fifth Amendment, the Fourth Amendment, and the Administrative Procedure Act. (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 Amaya is 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

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption/Party Information: Parties should be named exactly as they appear on the Petition. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jun 01, 2026

Text Order

Jun 01, 2026

Case Assigned/Reassigned

Jun 01, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 01, 2026

QC - Attorney Case Opening

Jun 01, 2026

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

#4

Jun 02, 2026

NOTICE of Appearance by JOHN CROSBY on behalf of JASON BENZEL, PAM BONDI, MARKWAYNE MULLIN, JOHN TSOUKARIS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Certificate of Service)(CROSBY, JOHN) (Entered: 06/02/2026)

#5

Jun 02, 2026

STATUS REPORT Regarding Petitioner's Release by JASON BENZEL, PAM BONDI, MARKWAYNE MULLIN, JOHN TSOUKARIS, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (CROSBY, JOHN) (Entered: 06/02/2026)

Jun 10, 2026

Terminate Civil Case

Jun 10, 2026

Text Order