District of New Jersey • 3:26-cv-06607

#1

Jun 05, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17509697.), filed by FEDERICO AUGUSO ESCALA VILLARRUEL. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 06/05/2026)

#2

Jun 05, 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 6/5/2026. (mfr) (Entered: 06/05/2026)

#3

Jun 05, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner alleges that, in 2023, he entered the United States without inspection and that he was not detained upon entry. (Id. at 7.) Petitioner has filed a pending asylum application. (Id.) According to Petitioner, "Petitioner has never been arrested." (Id.) U.S. Immigration and Customs Enforcement have detained Petitioner at Elizabeth Contract Detention Center in Elizabeth, New Jersey. (Id. at 1.) Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF 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 Georgette Castner on 6/5/2026. (jab,N.M.) (Entered: 06/05/2026)

Jun 05, 2026

QC - Attorney Case Opening

Jun 05, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption/Party Information: Parties for this type of case should be entered as Petitioner and Respondent; Cause of Action: Cause of action for this case is 28:2241 Petition for Writ of Habeas Corpus (Federal); The Complaint 1 filed in this case appears to have cut off parties names. Kindly refile the complaint with all parties visible . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)

Jun 05, 2026

Case Assigned to Judge Georgette Castner. (mfr)

Jun 05, 2026

Text Order

Jun 05, 2026

Case Assigned/Reassigned

Jun 05, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 06, 2026

NOTICE of Appearance by DAVID INKELES on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, ARTHUR WILSON (INKELES, DAVID) (Entered: 06/06/2026)

#5

Jun 06, 2026

Letter from the U.S. Attorney's Office re: Petitioner's Release re 3 Text Order,,,,,,,,,,,,,,. (INKELES, DAVID) (Entered: 06/06/2026)

#6

Jun 08, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner. (ECF No. 5 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/8/2026. (jmh) (Entered: 06/08/2026)

Jun 08, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Jun 08, 2026

Notice of Judicial Preferences

Jun 08, 2026

Order of Dismissal AND Text Order