District of New Jersey • 1:26-cv-08160

#1

Jul 03, 2026

First MOTION for Temporary Restraining Order by JAIRO CORREA GOMEZ. (Attachments: # 1 Text of Proposed Order JCG TRO PROP ORDER)(KUNDANMAL, NITA) (Entered: 07/03/2026)

#2

Jul 03, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17614081.), filed by JAIRO CORREA GOMEZ. (Attachments: # 1 Text of Proposed Order JCG PROP ORDER HABEAS, # 2 Civil Cover Sheet JCG JS 44)(KUNDANMAL, NITA) (Entered: 07/03/2026)

#3

Jul 03, 2026

NOTICE of Appearance by NITA KUNDANMAL on behalf of JAIRO CORREA GOMEZ (KUNDANMAL, NITA) (Entered: 07/03/2026)

#4

Jul 03, 2026

First MOTION for Temporary Restraining Order Order to Show Cause by JAIRO CORREA GOMEZ. (KUNDANMAL, NITA) (Entered: 07/03/2026)

#5

Jul 03, 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 7/3/2026. (ps) (Entered: 07/03/2026)

Jul 03, 2026

Case Assigned to Judge Karen M. Williams. (ps)

Jul 03, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 03, 2026

Case Assigned/Reassigned

#6

Jul 06, 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 Jairo Correa Gomez ("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 Ecuador who entered the United States without inspection on or about August 2021 and remained here since. Petitioner alleges that ICE apprehended him in Newark, New Jersey, on or about July 2, 2026, and is presently detaining him pursuant to 8 U.S.C. § 1225(b)(2). Petitioner contends that Respondents have categorically denied him access to an individualized custody determination pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), and ICE guidance interpreting that decision. Petitioner contends that his continued detention violates 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 by July 13, 2026, 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 Karen M. Williams on July 6, 2026. (Williams, Karen) (Entered: 07/06/2026)

#7

Jul 06, 2026

Notice of Appearance

Jul 06, 2026

Text Order

#8

Jul 08, 2026

Letter