District of New Jersey • 2:26-cv-06630

#1

Jun 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17510864.), filed by JOSUE ISMAEL ESPIN VINUEZA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Brief, # 10 Certificate of Service, # 11 Supplement Notice of Appearance, # 12 Supplement Order to Show Cause)(SANTAMARIA, STERLING) (Entered: 06/06/2026)

#2

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

Jun 06, 2026

Judge Evelyn Padin added. (jml, )

Jun 06, 2026

Add and Terminate Judges

Jun 06, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 07, 2026

TEXT ORDER: Petitioner Josue Ismael Espin Vinueza filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging that he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b)(2). D.E. 1 ("Petition"). Petitioner is a 19-year-old Spanish national who has lived in New Jersey since arriving in the United States in 2015 (when he was nine years old) through the Visa Waiver Program. Id. 1. According to the Petition, Petitioner has no criminal history, and his only arrest was on June 3, 2026, when he was detained by United States Customs and Immigration Enforcement outside his workplace. Id. 3, 22-23.It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within 24 hours of the date of entry of this Order, and Petitioner may file a reply within 24 hours of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within 24 hours of this Order and file a written notice of Petitioner's release within 24 hours thereafter. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 6/7/2026. (jml, ) (Entered: 06/07/2026)

Jun 07, 2026

Text Order

#4

Jun 08, 2026

Expedited RESPONSE to Petition for Writ of Habeas Corpus by JASON BENZEL, TODD BLANCHE, JONATHAN FLORENTINO, MARKWAYNE MULLIN, DAVID VENTURELLA. (Attachments: # 1 Exhibit 1 - Notice of Intent, # 2 Exhibit 2 - Form I-213, # 3 Exhibit 3 - Final Removal Order, # 4 Exhibit 4 - Notice to Alien Ordered Removed, # 5 Exhibit 5 - Record Certification)(HERIC, JACOB) (Entered: 06/08/2026)

#5

Jun 08, 2026

Reply to Response (NOT Motion)

Jun 22, 2026

Terminate Civil Case

Jun 22, 2026

Text Order