District of New Jersey • 2:26-cv-08142

#1

Jul 02, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17613659.), filed by REINALDO CORTEZ MACHADO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/02/2026)

#2

Jul 02, 2026

Emergency MOTION for Temporary Restraining Order by REINALDO CORTEZ MACHADO. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/02/2026)

#3

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 Julien Xavier Neals added. (jml, )

Jul 02, 2026

Add and Terminate Judges

Jul 02, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 03, 2026

TEXT ORDER: Before the Court is Petitioner Reinaldo Cortez-Machado's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities without an individualized bond hearing (ECF No. 1) and Motion for a Temporary Restraining Order ("TRO") (ECF No. 2). Petitioner, a noncitizen who entered the United States in or about 2006, contends he is unlawfully detained under 8 U.S.C. § 1225(b). (See generally ECF No. 1.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as he entered the country years ago and has been detained in the interior of the country. As such, his continued detention under that statute is unlawful. Although Respondents may have been able to detain Petitioner under a different statute lawfully, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed before his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2), which the Court has found inapplicable to him. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that Petitioner's TRO Motion (ECF No. 2) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 7/3/2026. (ps) (Entered: 07/03/2026)

Jul 03, 2026

Text Order AND ~Util - Terminate Motions

#5

Jul 04, 2026

Notice of Appearance

#6

Jul 06, 2026

Response (NOT Motion)