District of New Jersey • 2:26-cv-08137

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17613408.), filed by ISMAEL ALMONTE RICOY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/02/2026)

#2

Jul 02, 2026

MOTION for Temporary Restraining Order by ISMAEL ALMONTE RICOY. (MINOGUE, ALEXANDRA) (Entered: 07/02/2026)

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Jul 02, 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 7/2/2026. (jml, ) (Entered: 07/02/2026)

Jul 02, 2026

Judge Jamel K. Semper added. (jml, )

Jul 02, 2026

Add and Terminate Judges

Jul 02, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 25, 2026

Letter

#5

Aug 09, 2026

Letter

#6

Aug 11, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Ismael Almonte Ricoy ("Petitioner"), who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Mexico who entered the United States in 2007 and has continuously resided in this country since that time. Petitioner alleges that he resides with his wife and two United States citizen children. Petitioner further alleges that he has no criminal history and presents neither a danger to the community nor a meaningful risk of flight. According to the Petition, Respondents took Petitioner into ICE custody on or about June 26, 2026. Petitioner alleges that he is presently in removal proceedings and intends to pursue cancellation of removal under INA § 240A(b). Petitioner alleges that Respondents continue to detain him without a meaningful individualized custody determination in violation of the Due Process Clause of the Fifth Amendment. (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 a response to the Petition within seven (7) days of this Order, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 8/11/2026. (sms) (Entered: 08/11/2026)

Aug 11, 2026

Text Order

#7

Aug 12, 2026

Notice of Appearance

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Aug 12, 2026

Letter

#9

Aug 14, 2026

TEXT ORDER: The Court is in receipt of Respondents' letter to confirm that Petitioner was released from custody on August 11, 2026 (ECF No. 8) in accordance with the Court's Text Order entered on the same day (ECF No. 6). Because the relief ordered by the Court has been fully effectuated, all pending motions are DENIED as MOOT, and the Clerk of Court is directed to CLOSE this case. So Ordered by Judge Jamel K. Semper on 8/14/2026. (sms) (Entered: 08/14/2026)

Aug 14, 2026

Order of Dismissal