District of New Jersey • 2:26-cv-07073

#1

Jun 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17537204.), filed by ANDER ELISER CALDERON LOPEZ. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Attachment 5 replaced on 6/15/2026) (mj, ). (Entered: 06/13/2026)

#2

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)

Jun 13, 2026

Judge Katharine S. Hayden added. (jml, )

Jun 13, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 13, 2026

Add and Terminate Judges

Jun 15, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -5 Civil Cover Sheet filed by REGIS FERNANDEZ on 6/13/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mj)

Jun 15, 2026

QC - Fillable PDF

#3

Jun 16, 2026

Amended Complaint

#4

Jun 24, 2026

Letter

#5

Jul 01, 2026

TEXT ORDER: Petitioner ANDER ELISER CALDERON LOPEZ is a citizen of Guatemala who allegedly entered the United States without inspection on October 17, 2020, at the United States-Mexico border with his wife and has resided in New Jersey since that time. (ECF No. 3, Amended Petition at 13-15.) He allegedly has no criminal history and was arrested by Immigration and Customs Enforcement ("ICE") on June 13, 2026 (id. at 12, 17), 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. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/1/2026. (mw) (Entered: 07/01/2026)

Jul 01, 2026

Order

#6

Jul 03, 2026

Notice of Appearance

#7

Jul 03, 2026

Letter

Jul 09, 2026

Terminate Civil Case

Jul 09, 2026

Order