District of New Jersey • 2:26-cv-07387

#1

Jun 18, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17558825.), filed by CARLOS FERNANDO BUSTAMANTE PENAFIEL. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(MONTERO, FRANKLIN) (Entered: 06/18/2026)

#2

Jun 18, 2026

Emergency MOTION for Temporary Restraining Order by CARLOS FERNANDO BUSTAMANTE PENAFIEL. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/18/2026)

#3

Jun 18, 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 6/18/2026. (jml, ) (Entered: 06/18/2026)

Jun 18, 2026

Add and Terminate Judges

Jun 18, 2026

Judge Madeline Cox Arleo added. (jml, )

Jun 18, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 10, 2026

TEXT ORDER- According to the Petition, CARLOS FERNANDO BUSTAMANTE PENAFIEL entered the United States on or about October 31, 2016, as a nonimmigrant visitor under the Visa Waiver Program, 8 U.S.C. § 1187, traveling on his Spanish passport, and has been continuously present in the United States since that time. (ECF No. 1. Petition at 21-32). Petitioner was arrested on June 14, 2026, and has not been provided a bond hearing, despite his alleged lack of criminal history. (Id.) Federal courts in this circuit have held that a noncitizen who entered the United States under the Visa Waiver Program and overstayed are not subject to detention under § 1187(c)(2)(E) and detention arises under 8 U.S.C. § 1226(a). See Molina v. Soto, 2025 WL 3281820, at *2-3 (D.N.J. Nov. 25, 2025); Romance v. Warden York Cnty. Prison, 2020 WL 6054933, at *4 (M.D. Pa. July 28, 2020), report and recommendation adopted, 2020 WL 6047594 (M.D. Pa. Oct. 13, 2020); Sutaj v. Rodriguez, 2017 WL 66386, at *5 (D. N.J. Jan. 5, 2017). Based on this legal authority, Respondents are directed to SHOW CAUSE within five (5) days why Petitioner should not be released. In their response, Respondents shall provide the statutory basis for Petitioner's detention and the relevant record. Respondents shall provide the bond transcript if Petitioner has been provided a bond hearing under 8 U.S.C. § 1226(a) and denied bond. Respondents shall also notify the Court if Petitioner has an undisclosed criminal history or a final order of removal. Petitioner may file a reply brief within five (5) days thereafter. The stay of transfer at ECF No. 3 shall remain in effect while this matter is pending and the TRO motion at ECF No. 2, which seeks the same relief, shall be TERMINATED. So Ordered by Judge Madeline Cox Arleo on 7/10/2026. (aa, ) (Entered: 07/10/2026)

Jul 10, 2026

Order