District of New Jersey • 2:26-cv-06415

#1

Jun 01, 2026

PETITION for Writ of Habeas Corpus, filed by JOSE LUIS MORENO CALVO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROSSEBO, ALEXANDER) (Entered: 06/01/2026)

#2

Jun 02, 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 6/2/2026. (mfr) (Entered: 06/02/2026)

#3

Jun 02, 2026

TEXT ORDER : This matter is before the Court on thepro sePetitioner'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, a native and citizen of Mexico, alleges that, in 2006, he entered the United States without inspection by crossing the U.S./Mexico border. (Pet. Para. 24). Petitioner has two U.S. citizen children (including a thirteen-year old child with a form of non-verbal autism), and he intends to apply for cancellation of removal. (Id.Paras. 24, 26). Petitioner "has no criminal history." (Id.Para. 24). On May 23, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was buying his breakfast on his way to work and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id.Para. 25). On May 24, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in Plainfield, New Jersey, while he was at work and have detained him at the Elizabeth Detention Center in Elizabeth, New Jersey. (Id.Para. 1). Based on Petitioner's allegations and this Court's recent decision inDiaz 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) (quotingFajardo-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 alsoBeteta 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. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachment to the Petition, (D.E. No. 1 -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 6/2/2026. (ek) (Entered: 06/02/2026)

#4

Jun 02, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of TODD BLANCHE, TODD LYONS, DAREN MARGOLIN, MARKWAYNE MULLIN, LUIS SOTO (MAGGIO, KEVIN) (Entered: 06/02/2026)

#5

Jun 02, 2026

Letter from Respondents re: Petitioner's Release from ICE Custody. (MAGGIO, KEVIN) (Entered: 06/02/2026)

Jun 02, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 02, 2026

Text Order

Jun 02, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption: All parties named in the Petition must be added; Party Information: Addresses for non-pro se parties should not be added. Do not select parties with addressed added for non-pro se parties during case opening . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jun 02, 2026

Case Assigned to Judge Esther Salas. (mfr)

Jun 02, 2026

Case Assigned/Reassigned

Jun 02, 2026

QC - Attorney Case Opening

Jun 03, 2026

Text Order

Jun 03, 2026

Terminate Civil Case