District of New Jersey • 1:26-cv-08189

#1

Jul 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17615423.), filed by KAYQUE FREITAS DE OLIVEIRA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/04/2026)

#2

Jul 04, 2026

MOTION for Temporary Restraining Order by KAYQUE FREITAS DE OLIVEIRA. (MINOGUE, ALEXANDRA) (Entered: 07/04/2026)

#3

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

#4

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 Kayque Freitas de Oliveira ("Petitioner"), who is currently detained at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Brazil who entered the United States in 2022 and has remained here since. Petitioner alleges that he has a pending application for asylum and remains in active removal proceedings before the Immigration Court, with a Master Calendar Hearing scheduled for January 2, 2029. Petitioner further alleges that he has no criminal history. Petitioner alleges that ICE took him into custody on July 2, 2026, after discovering an outstanding traffic-related matter of which he was previously unaware. 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 and Motion for Temporary Restraining Order 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. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order (ECF No. 2) is DENIED. So Ordered by Judge Karen M. Williams on July 6, 2026. (Williams, Karen) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

#5

Jul 08, 2026

Notice of Appearance