District of New Jersey • 3:26-cv-07072

#1

Jun 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17537115.), filed by MARCOS VINICIUS SANTOS CAMELO. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 06/13/2026)

#2

Jun 13, 2026

MOTION for Temporary Restraining Order by MARCOS VINICIUS SANTOS CAMELO. (MINOGUE, ALEXANDRA) (Entered: 06/13/2026)

#3

Jun 13, 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 6/13/2026. (jml, ) (Entered: 06/13/2026)

#4

Jun 13, 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, a native and citizen of Brazil, alleges that, in approximately August 2019, he entered the United States without inspection and has resided continuously in this country since his entry. (Id. Paras. 21, 29.) Petitioner has consistently worked to support his family, maintains a fixed residence, is the father of a U.S. citizen child, and is the beneficiary of a pending I-130 Petition for Alien Relative filed by his lawful permanent wife. (Id. Paras. 1, 22.) "[Petitioner] has no criminal history." (Id.) On June 13, 2026, U.S. Immigration and Customs Enforcement detained Petitioner and transferred him to Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 23.) Based on 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 a significant 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. Petitioner's motion for a temporary restraining order ("TRO") (Motion for TRO) (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3) the Motion for TRO (ECF No. 2 ), 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 6/13/2026. (jmh) (Entered: 06/14/2026)

Jun 13, 2026

Notice of Judicial Preferences

Jun 13, 2026

4 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 6/13/2026. (jmh)

Jun 13, 2026

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

Jun 13, 2026

Judge Georgette Castner added. (jml, )

Jun 13, 2026

Add and Terminate Judges

Jun 13, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jun 14, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of TODD BLANCHE, TODD M LYONS, MARKWAYNE MULLIN, LUIS SOTO, ARTHUR J WILSON JR. (LASERNA, JESSICA) (Entered: 06/14/2026)

#6

Jun 14, 2026

Letter from Respondents Confirming Petitioner's Release and Requesting Case Closure re 4 Text Order,,,,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,,,,,. (LASERNA, JESSICA) (Entered: 06/14/2026)

Jun 14, 2026

Docket Annotation (public)

Jun 14, 2026

Text Order AND ~Util - Terminate Motions

#7

Jun 15, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner from its custody "under the same conditions that existed prior to his detention." (ECF No. 6 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/15/2026. (jmh) (Entered: 06/15/2026)

Jun 15, 2026

Order of Dismissal AND Text Order