District of New Jersey • 2:26-cv-08333

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Jul 07, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17628379.), filed by JOSUE CIELO SILVA. (Attachments: # 1 Civil Cover Sheet)(CARDONA NUILA, PATRICIA) (Entered: 07/07/2026)

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

Jul 07, 2026

Judge Jamel K. Semper added. (jml, )

Jul 07, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 07, 2026

Add and Terminate Judges

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Jul 08, 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, 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 has resided in New Jersey since his entry into the United States without inspection approximately twenty-seven years ago. Petitioner alleges that he is eligible to seek asylum, withholding of removal, and protection under the Convention Against Torture. Petitioner further alleges that ICE officers apprehended him on July 4, 2026, in Dover, New Jersey, after following him at a local restaurant. Petitioner further alleges that he has no criminal history. Petitioner contends 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, including release: (1) within the State of New Jersey; (2) without additional conditions, such as ankle monitors or electronic tracking devices; (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents seized at the time of detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by July 15, 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 Jamel K. Semper on 7/8/2026. (sms) (Entered: 07/08/2026)

Jul 08, 2026

Order to Answer

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Jul 10, 2026

Letter

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Jul 10, 2026

Notice of Appearance

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Jul 15, 2026

Response to Habeas Petition

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Jul 16, 2026

Text Order: The Court has reviewed Respondents' Response to the Petition. (ECF No. 6.) Respondents do not dispute that Petitioner was apprehended by ICE within the interior of the United States after residing in this country for approximately twenty-seven years. Rather, Respondents contend that this matter is distinguishable from Ayala Amaya because Petitioner has a prior municipal conviction arising from a domestic violence incident. Even accepting Respondents' factual assertions, however, those allegations bear on whether Petitioner should be detained pending removal proceedings--not the statutory authority governing that detention. Based on the present record, the Court concludes that Petitioner is subject to detention under 8 U.S.C. § 1226(a), rather than mandatory detention under 8 U.S.C. § 1225(b)(2). Therefore, it is ORDERED that, within seven (7) days of the date of this Order, Respondents shall provide Petitioner with a new individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). Within forty-eight (48) hours after the Immigration Judge issues a custody determination, Respondents shall file a status letter advising the Court of the outcome of the bond hearing. So Ordered by Judge Jamel K. Semper on 7/16/2026. (sms) (Entered: 07/16/2026)

Jul 16, 2026

Order to Answer

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Jul 20, 2026

Application/Petition

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Aug 10, 2026

TEXT ORDER: The Court has reviewed Petitioner's letter application requesting modification of the Court's July 16, 2026 Text Order directing Respondents to provide Petitioner with an individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). (ECF No. 8.) Petitioner requests a limited extension of the deadline for the bond hearing based on counsel's asserted inability to appear during the previously ordered seven-day period due to circumstances beyond counsel's control. The Court recognizes Petitioner's interest in having counsel of his choosing present at the bond hearing and finds that a brief modification of the deadline is appropriate. Accordingly, the Court's July 16, 2026 Text Order (ECF No. 7) is hereby MODIFIED solely to the extent that Respondents shall provide Petitioner with an individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) no later than August 17, 2026. All other provisions of the July 16, 2026 Text Order remain in full force and effect. Within forty-eight (48) hours after the Immigration Judge issues a custody determination, Respondents shall file a status letter advising the Court of the outcome of the bond hearing. So Ordered by Judge Jamel K. Semper on 8/10/2026. (sms) (Entered: 08/10/2026)

Aug 10, 2026

Order to Answer

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Aug 12, 2026

Letter

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Aug 13, 2026

TEXT ORDER: The Court has reviewed Petitioners' letter (ECF No. 10.), which advises that, in accordance with the Court's Order (ECF No. 9), Petitioner received an individualized bond hearing before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). Accordingly, as Respondents have complied with the Court's Order and no further relief is warranted in this matter, the Clerk of the Court is directed to CLOSE this case. So Ordered by Judge Jamel K. Semper on 8/13/2026. (sms) (Entered: 08/13/2026)

Aug 13, 2026

Order of Dismissal