District of New Jersey • 2:26-cv-07127

#1

Jun 15, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17543223.), filed by JEANCUL JOSEPH. (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: 06/15/2026)

#2

Jun 15, 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 6/15/2026. (jml, ) (Entered: 06/15/2026)

Jun 15, 2026

Add and Terminate Judges

Jun 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 15, 2026

Judge Madeline Cox Arleo added. (jml, )

#3

Jul 10, 2026

TEXT ORDER- Petitioner JEANCUL JOSEPH is a citizen of Haiti who has allegedly resided in the United States since his release on humanitarian parole in October 2016; he was not detained when his parole expired in 2019, and he allegedly has no criminal history. (ECF No. 1, Petition at 23-28.) He was recently detained by ICE and has been denied the opportunity for bond. (Id.) Based on these facts and the Court's decisions in Vasquez Lucero v. Soto, No. 25-16737-MCA, 2025 WL 3240895, at *1-2 (D.N.J. Nov. 20, 2025) (holding that a noncitizen who entered without inspection and was later arrested in the interior of the United States could not be detained under 8 U.S.C. § 1225(b)(2)) and Murillo-Castillo v. Florentino, No. 25-16728 2026 WL 1383062, at *5 (D.N.J. May 18, 2026) (rejecting the argument that 8 U.S.C. § 1182(d)(5)(A) necessarily returns a noncitizen arrested in the interior of the United States to the detention status he held prior to parole), the Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. 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), and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is factually or legally distinguishable or that Petitioner has a significant criminal history that he has not disclosed, they shall file an expedited answer within three (3) business days. If Respondents do not file an expedited answer, they shall file a status report within three (3) business days confirming Petitioner's release and requesting to close this case. The temporary stay of transfer entered at ECF No. 2 shall remain in effect while this matter is pending.. So Ordered by Judge Madeline Cox Arleo on 7/10/2026. (aa, ) (Entered: 07/10/2026)

Jul 10, 2026

Order