District of New Jersey • 2:26-cv-06558

#1

Jun 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17505225.), filed by SERGIO ANTONIO HUELVA LOPEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Habeas Exh A, # 3 Exhibit Habeas Exh B, # 4 Exhibit Habeas Exh C, # 5 Exhibit Habeas Exh D)(GUAMAN, CINDY) (Entered: 06/04/2026)

#2

Jun 04, 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 6/4/2026. (jml, ) (Entered: 06/04/2026)

Jun 04, 2026

Judge Esther Salas added. (jml, )

Jun 04, 2026

Add and Terminate Judges

Jun 04, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 05, 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, a native and citizen of Nicaragua, alleges that, on or about January 17, 2022, he arrived at the U.S.-Mexico border, was apprehended, and, on the following day, was released on his own recognizance. (Pet. Para. 24). Removal proceedings were commenced, and Petitioner has applied for asylum and withholding of removal, has complied with his check-in requirements and appeared for scheduled hearings, having received employment authorization, has held gainful employment, and is the main provider for his wife and two sons. (Id. Paras. 25-27). On or about May 18, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was working as an Uber driver and have detained him at the Delaney Hall Contract Detention Facility. (Id. Para. 28). The Petition is silent regarding Petitioner's criminal history. Accordingly, within twenty-four (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 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -5), 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 6/5/2026. (ek) (Entered: 06/05/2026)

#4

Jun 05, 2026

Declaration

Jun 05, 2026

Text Order

#5

Jun 06, 2026

TEXT ORDER : This matter is before the Court on Petitioner's June 5, 2026 declaration, (D.E. No. 4 ("Declaration" or "Decl.")), filed pursuant to this Court's June 5, 2026 Text Order, (D.E. No. 3 ("June 5, 2026 Text Order")). In his Declaration, Petitioner states under penalty of perjury that, to the best of his knowledge, "I have never been arrested, charged with, convicted of, or found guilty of any criminal offense in the United States or any other country." (Decl. Para. 2). "To the best of my knowledge, there are no criminal pending charges, warrants, or criminal proceedings against me in any jurisdiction." (Id. Para. 3). Based on Petitioner's Declaration, the June 5, 2026 Text Order's summary of the allegations in his petition for a writ of habeas corpus under 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), 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 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) (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 6/6/2026. (ek) (Entered: 06/06/2026)

Jun 06, 2026

Text Order

#6

Jun 07, 2026

Letter

#7

Jun 17, 2026

TEXT ORDER : This matter comes before the Court on Respondents' May 28, 2026 letter indicating that, pursuant to this Court's June 5, 2026 Text Order, (D.E. No. 3 ), Petitioner was released from ICE custody on June 6, 2026. (D.E. No. 6 ). 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 6/17/2026. (ek) (Entered: 06/17/2026)

Jun 17, 2026

Text Order

Jun 17, 2026

Terminate Civil Case

Jun 17, 2026

***Civil Case Terminated. (ek)