District of New Jersey • 2:26-cv-08022

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17606570.), filed by ABIMELETH MEMBRENO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(MARK, ERIC) (Entered: 07/01/2026)

#2

Jul 01, 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 7/1/26. (tjg, ) (Entered: 07/01/2026)

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

Case assigned to Judge Katharine S. Hayden. (tjg, )

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 02, 2026

TEXT ORDER: Petitioner ABILMELETH MEMBRENO is a noncitizen who allegedly entered the United States in March 2007, resides in New Jersey with his wife and two United States citizen children, and has no criminal convictions. (ECF No. 1, Petition at 23-26.) He was arrested by Immigration and Customs Enforcement ("ICE") on June 29, 2026 (id. at 25-26), and 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). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/2/2026. (mw) (Entered: 07/02/2026)

#4

Jul 02, 2026

Letter

#5

Jul 02, 2026

Notice of Appearance

#6

Jul 02, 2026

Letter

Jul 02, 2026

Order

#7

Jul 09, 2026

TEXT ORDER: Respondents' letter confirms that ABIMELETH MEMBRENO was released from detention on July 2, 2026, at 6:10 p.m., as directed in this Court's Order issued on the same day. (ECF Nos. 3, 6.) The Court notes that Respondents did not file an expedited answer based on Membreno's criminal history despite the opportunity to do so. Therefore, this matter shall be dismissed WITHOUT PREJUDICE and marked CLOSED. So Ordered by Judge Katharine S. Hayden on 7/9/26. (cm, ) (Entered: 07/09/2026)

Jul 09, 2026

Terminate Civil Case

Jul 09, 2026

Order

Jul 09, 2026

***Civil Case Terminated. (wh)