District of New Jersey • 2:26-cv-07234

#1

Jun 17, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17551535.), filed by MARCO BORJA PACHECO. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order HABEAS ORDER, # 3 Text of Proposed Order ORDER TO SHOW CAUSE)(SANTANA, JOSE) (Entered: 06/17/2026)

#2

Jun 17, 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 6/17/026. (mfr) (Entered: 06/17/2026)

Jun 17, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 17, 2026

Case Assigned/Reassigned

Jun 17, 2026

Case Assigned to Judge Jamel K. Semper. (mfr)

#3

Jun 18, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Marco Borja Pacheco, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Ecuador who entered the United States on or about February 23, 2024. Upon his entry, the Department of Homeland Security ("DHS") issued a Notice to Appear, charging him as inadmissible under INA § 212(a)(6)(A)(i) and commencing removal proceedings. Petitioner alleges that he has been pursuing an application for asylum since September 9, 2024, and that his removal proceedings remain pending before the Immigration Court. He further alleges that, notwithstanding those ongoing proceedings, Immigration and Customs Enforcement ("ICE") detained him on June 16, 2026, during an enforcement operation. Petitioner asserts that he has no criminal history. The Court concludes that Petitioner may be 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 Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, 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. If Respondents contend that Ayala Amaya is factually distinguishable, they shall file a response to the Petition by June 25, 2026. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 6/18/2026. (sms) (Entered: 06/18/2026)

Jun 18, 2026

Order to Answer

#4

Jun 20, 2026

Notice of Appearance

#5

Jun 20, 2026

Letter