District of New Jersey • 1:26-cv-08179

#1

Jul 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17614989.), filed by DARWIN DAMIAN BARREZUETA NIEVES. (Attachments: # 1 Civil Cover Sheet, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(ALLEN, MARIBEL) (Entered: 07/04/2026)

#2

Jul 04, 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 7/4/2026. (jml, ) (Entered: 07/04/2026)

Jul 04, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 04, 2026

Judge Karen M. Williams added. (jml, )

Jul 04, 2026

Add and Terminate Judges

#3

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, a native and citizen of Ecuador, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner entered the United States without inspection in or about November 2020 and thereafter established residence in New Jersey. Petitioner alleges that ICE officers detained him on July 2, 2026, while he was on his way to work, and that he has remained in custody since that time. Petitioner further alleges that he intends to pursue a meritorious application for asylum and protection under the Convention Against Torture, and that no final order of removal exists in his immigration record. Petitioner contends that his removal cannot be effectuated in the reasonably foreseeable future and that his continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (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 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)

#4

Jul 06, 2026

Notice of Appearance

Jul 06, 2026

Text Order

#5

Jul 07, 2026

Letter