District of New Jersey • 1:26-cv-08320

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Jul 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17626944.), filed by Fernando BARRERA CANDIA. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (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. (mfr) (Entered: 07/07/2026)

Jul 07, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 07, 2026

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

Jul 07, 2026

Case Assigned/Reassigned

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Jul 08, 2026

TEXT ORDER - The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Fernando Barrera Candia, who is currently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native of Mexico who entered the United States in or around 2002, without inspection. Petitioner alleges that he has resided in Montclair, New Jersey for approximately twenty- four years. Petitioner further alleges that he cares for his two United States citizen minor daughters, one of whom requires around the clock care related to a severe medical condition. Petitioner also alleges that he has no criminal record, outstanding warrants or criminal history of any kind. The Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because Petitioner was apprehended inside 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). THEREFORE, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of 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 that were seized at the time of 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 8, 2026. (Williams, Karen) (Entered: 07/08/2026)

Jul 08, 2026

Text Order

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Jul 09, 2026

Letter