District of New Jersey • 2:26-cv-08062

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17608487.), filed by ELEUTERIO TLALPACHITOC. (Attachments: # 1 Exhibit Exhibit 1 NTA, # 2 Exhibit Exhibit 2 ICE Locator, # 3 Brief, # 4 Text of Proposed Order, # 5 Brief, # 6 Text of Proposed Order, # 7 Certification, # 8 Civil Cover Sheet)(BELLO, STEPHANIE) (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 7/1/2026. (jml, ) (Entered: 07/01/2026)

Jul 01, 2026

Add and Terminate Judges

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 01, 2026

Judge Katharine S. Hayden added. (jml, )

#3

Jul 06, 2026

TEXT ORDER: Petitioner ELEUTERIO TLALPACHITOC is a citizen of Mexico who allegedly entered the United States without inspection in 2008, has no criminal history, and does not have a final order of removal. (ECF No. 1, Petition at 1, 19-20.) He was arrested by Immigration and Customs Enforcement ("ICE") on June 26, 2026 (id. at 1-2), 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 or that Petitioner has an undisclosed criminal history, 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 7/6/26. (cm, ) (Entered: 07/06/2026)

Jul 06, 2026

Order

#4

Jul 07, 2026

Notice of Appearance

#5

Jul 08, 2026

Letter