District of New Jersey • 3:26-cv-07863

#1

Jun 28, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17591087.), filed by JOSE LUIS FAJARDO PEREZ. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 06/28/2026)

#2

Jun 29, 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 6/29/26. (tjg, ) (Entered: 06/29/2026)

#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 Guatemala, alleges that he entered the United States without inspection in or around 2018 and has continuously resided in this country since his entry. (Id. Para. 17). Petitioner resides at a stable address in Lakewood, New Jersey, has maintained steady employment in the construction industry, and provides financial and emotional support to his two U.S. citizen nephews (who were abandoned by their biological father). (Id. Paras. 22-23.) Petitioner has no criminal history. (Id. Para. 1.) On June 26, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was driving to work (with his employer and employer's son) and he has been detained at Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 20-21.) 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. Petitioner's request for an order to show cause (see ECF No. 1 -3) is DENIED as moot. 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 -3), 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

Docket Annotation (public)

Jun 29, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 29, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 6/29/2026. (jmh)

Jun 29, 2026

Case Assigned/Reassigned

Jun 29, 2026

Case assigned to Judge Georgette Castner. (tjg, )

Jun 29, 2026

Text Order

#4

Jun 30, 2026

NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of TODD BLANCHE, MULLIN MARKWAYNE, LUIS SOTO, ARTHUR J. WILSON JR., Field Office Director, ICE ERO Newark Field Office (GONZALEZ, ALICIA) (Entered: 06/30/2026)

#5

Jun 30, 2026

Letter from United States Attorney's Office Petitioner's Release re 3 Text Order,,,,,,,,,,,,,,,,. (GONZALEZ, ALICIA) (Entered: 06/30/2026)

Jun 30, 2026

Order of Dismissal AND Text Order