District of New Jersey • 3:26-cv-07822

ALMEIDA JUMBO v. SOTO

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Case Information

Filed: June 26, 2026
Assigned to: Georgette Castner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 30, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 26, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17589883.), filed by DANIEL ALMEIDA JUMBO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(MAJOR, LAUREN) (Entered: 06/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 26, 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 6/26/2026. (jml, ) (Entered: 06/26/2026)
Jun 26, 2026
Notice of Judicial Preferences
Jun 26, 2026
Add and Terminate Judges
Jun 26, 2026
Judge Georgette Castner added. (jml, )
Jun 26, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jml, )
Jun 26, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Jun 29, 2026
TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Ecuador, alleges that, on or about December 23, 2021, he entered the United States without inspection or admission, was released on his own recognizance, and placed in removal proceedings. (Id. Paras. 38-39.) After a criminal arrest on May 10, 2022, Petitioner was re-detained on May 11, 2022, the Department of Homeland Security ("DHS") determined that Petitioner was detained under 8 U.S.C. § 1226(a), the criminal charge was dismissed by the Orange City Municipal Court on August 2, 2022, and, on or about August 9, 2022, DHS released Petitioner on a $10,000 bond. (Id. Paras. 40, 42.) On or about June 22, 2022, Petitioner filed for asylum, withholding of removal, and relief under the Convention Against Torture. (Id. Para. 41.) According to Petitioner, he has worked (with a work permit) in the United States, has complied with his obligation to update his address information and has pursued his claims for relief, and has continued to live peacefully in New Jersey and care for his child. (Id. Para. 43.) On June 24, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at a traffic stop, and Petitioner has been detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 43-47.) "The officer did not accuse [Petitioner] of any breach of the terms of his prior bond," and the officers instead stated that he was being detained because he was in the country illegally. (Id. Para. 46.) Upon information and belief, no written notice of breach of bond was provided, and the prior bond payment was not returned. (Id.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "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), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -5), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 6/29/2026. (jmh) (Entered: 06/29/2026)
Jun 29, 2026
3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 6/29/2026. (jmh)
Jun 29, 2026
Text Order
Jun 29, 2026
Docket Annotation (public)
#4
Jun 30, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Jun 30, 2026
Letter
Main Document: Letter
Jun 30, 2026
Order of Dismissal AND Text Order

Parties

ALMEIDA JUMBO
Party
SOTO
Party