District of New Jersey • 2:26-cv-07418

#1

Jun 20, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17560190.), filed by JONATAN P. TUQUINGA PALOMO. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(CANDIA, WILLIAM) (Entered: 06/20/2026)

#2

Jun 20, 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 6/20/2026. (jml, ) (Entered: 06/20/2026)

#3

Jun 20, 2026

TEXT ORDER: Before the Court is Petitioner Jonatan P. Tuquinga Palomo's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Ecuador, entered the United States in May 2023 and was subsequently released into the country. (See id.) Petitioner 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). (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 06/20/2026. (lr, ) (Entered: 06/20/2026)

Jun 20, 2026

Text Order

Jun 20, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 20, 2026

Add and Terminate Judges

Jun 20, 2026

Judge Brian R. Martinotti added. (jml, )

#4

Jun 21, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of PAM BONDI, ICE, MARKWAYNE MULLIN, JOHN TSOUKARIS (CARRARA, CHRISTIAN) (Entered: 06/21/2026)

#5

Jun 21, 2026

Letter from Respondents respectfully providing the court with a release update re 3 Text Order,,,,,,,,,,,,. (MAHONEY, MARGARET) (Entered: 06/21/2026)

#6

Jun 22, 2026

TEXT ORDER: Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5.) Accordingly, it is ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 06/22/2026. (lr, ) (Entered: 06/22/2026)

Jun 22, 2026

Text Order

Jun 22, 2026

***Civil Case Terminated. (wh)

Jun 22, 2026

Terminate Civil Case