District of New Jersey • 1:26-cv-07957

#1

Jun 30, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17602713.), filed by FERMIN VELEZ MARTINEZ. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order application for order to show cause)(LIPSITZ, JONATHAN) (Entered: 06/30/2026)

#2

Jun 30, 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 6/30/2026. (jml, ) (Entered: 06/30/2026)

Jun 30, 2026

Add and Terminate Judges

Jun 30, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 30, 2026

Judge Karen M. Williams added. (jml, )

#3

Jul 01, 2026

TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and Application for Issuance of Order to Show Cause filed by Petitioner Fermin Velez Martinez ("Petitioner"), who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF Nos. 1, 1-3.) According to the Petition, Petitioner is a native and citizen of Mexico who entered the United States without inspection in or around 2008 and has resided here since. Petitioner alleges that he has no prior order of removal. Petitioner further alleges that ICE arrested him on June 24, 2026, at a restaurant, without presenting an administrative warrant or Form I-200. Petitioner also alleges that he suffers from severe diabetes and complications arising from prior abdominal injuries and surgery. Petitioner contends that his continued detention is unlawful and violates the Due Process Clause of the Fifth Amendment, the Administrative Procedures Act, and the Immigration and Nationality Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because he was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to his detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file an expedited response to the Petition by July 8, 2026, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. In light of the relief granted, Petitioner's Application for Issuance of Order to Show Cause is DENIED. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 1, 2026. (Williams, Karen) (Entered: 07/01/2026)

Jul 01, 2026

Text Order

#4

Jul 02, 2026

Notice of Appearance

#5

Jul 02, 2026

Letter

Jul 06, 2026

Terminate Civil Case

Jul 06, 2026

Text Order