District of New Jersey • 2:26-cv-06841

#1

Jun 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17522394.), filed by MAGNUM BARBOSA DE OLIVEIRA,. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 06/09/2026)

#2

Jun 09, 2026

MOTION for Temporary Restraining Order by MAGNUM BARBOSA DE OLIVEIRA,. (MINOGUE, ALEXANDRA) (Entered: 06/09/2026)

#3

Jun 09, 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 6/9/2026. (mfr) (Entered: 06/09/2026)

Jun 09, 2026

Case Reassigned to Judge Katharine S. Hayden. (mfr)

Jun 09, 2026

Case Assigned/Reassigned

Jun 09, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 11, 2026

TEXT ORDER: Petitioner MAGNUM BARBOSA DE OLIVEIRA, a citizen of Brazil with no criminal history, entered the United States without inspection in 2021; he has a pending application for asylum and resided with his wife and children prior to his arrest. (ECF No. 1, Petition at 25-28, 52.) He was arrested on June 9, 2026, on his way to work and contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court,GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. The motion for a temporary restraining order (ECF No. 2) shall be terminated considering the relief provided on the underlying Petition. So Ordered by Judge Katharine S. Hayden on 6/11/26. (cm, ) (Entered: 06/11/2026)

#5

Jun 11, 2026

Letter

#6

Jun 11, 2026

Letter

#7

Jun 11, 2026

Letter

Jun 11, 2026

Order

#8

Jun 16, 2026

TEXT ORDER: Respondents' letter confirms that MAGNUM BARBOSA DE OLIVEIRA was released from detention on June 11, 2026, at 2:55 p.m., as directed in this Court's Order issued on the same day. (ECF Nos. 4, 7.) Therefore, this matter shall be dismissed WITHOUT PREJUDICE and marked CLOSED. So Ordered by Judge Katharine S. Hayden on 6/16/26. (cm, ) (Entered: 06/16/2026)

Jun 16, 2026

Terminate Civil Case

Jun 16, 2026

Order

Jun 16, 2026

***Civil Case Terminated. (wh)