District of New Jersey • 2:26-cv-06991
GOROTIZA PENAFIEL v. WARDEN, ELIZABETH CONTRACT DETENTION FACILITY
Completed
Case Information
Filed: June 11, 2026
Assigned to:
Susan Davis Wigenton
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 16, 2026
Last Activity:
June 16, 2026
Parties:
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Docket Entries
#1
Jun 11, 2026
PETITION for Writ of Habeas Corpus and EMERGENCY MOTION FOR IMMEDIATE RELEASE FROM CUSTODY, filed by EDISON ALEXIS GOROTIZA PENAFIEL. (Received via ADS) (Attachments: # 1 Notice of Filing, # 2 Application IFP, # 3 Motion to Proceed In Forma Pauperis, # 4 Affidavit in Support of Motion to Proceed In Forma Pauperis, # 5 Letter in Support, # 6 Exhibit #1, # 7 Exhibit #2, # 8 Exhibit #3)(N/M)(fbm) (Entered: 06/12/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jun 11, 2026
EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION by EDISON ALEXIS GOROTIZA PENAFIEL. (N/M)(fbm) (Entered: 06/12/2026)
Main Document:
Temporary Restraining Order
#3
Jun 12, 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 06/12/2026. (N/M)(fbm) (Entered: 06/12/2026)
#4
Jun 12, 2026
TEXT ORDER: Petitioner's application to proceed in forma pauperis is GRANTED. (ECF No. 1-2.) According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225 (ECF No. 1 at 3-6). This Court preliminarily concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Patel v. Almodovar, No. 25-cv-1534, 2025 WL 3012323 (D.N.J. Oct. 28, 2025). If Respondents contend that Patel is factually distinguishable, they shall file an expedited answer to the Petition within 3 days of this Order, and Petitioner shall file any reply within 3 days of the answer. Respondents may redact any sensitive information belonging to petitioner or persons not before this Court but may not redact names or signatures of immigration officials or other public employees. Otherwise, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. So Ordered by Judge Susan D. Wigenton on 6/12/026. (cds) (Entered: 06/12/2026)
#5
Jun 12, 2026
NOTICE of Appearance by CHRISTIAN CARRARA on behalf of ATTORNEY GENERAL OF THE UNITED STATES, TODD M. LYONS, SECRETARY OF HOMELAND SECURITY, WARDEN, ELIZABETH CONTRACT DETENTION FACILITY (CARRARA, CHRISTIAN) (Entered: 06/12/2026)
Main Document:
Notice of Appearance
#6
Jun 12, 2026
Letter from Respondents Re. Update Regarding Petitioner's Release. (CARRARA, CHRISTIAN) (Entered: 06/12/2026)
Main Document:
Letter
Jun 12, 2026
Text Order
Jun 12, 2026
Emergent Immigration Habeas Non-transfer Order
#7
Jun 16, 2026
TEXT ORDER: The Clerk shall CLOSE this matter as Petitioner has been released. (ECF No. 6 ). So Ordered by Judge Susan D. Wigenton on 6/16/2026. (cds) (Entered: 06/16/2026)
Jun 16, 2026
Terminate Civil Case
Jun 16, 2026
***Civil Case Terminated. (wh)
Jun 16, 2026
Text Order
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