District of New Jersey • 2:26-cv-08431

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17638504.), filed by Maycon M Ferraz Bonato. (Attachments: # 1 Application IFP Motion TRO, # 2 Brief Memo of Law, # 3 Supplement Order)(JADOO, TREVOR) (Entered: 07/09/2026)

#2

Jul 09, 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 7/9/2026. (dmw) (Entered: 07/09/2026)

#3

Jul 09, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus Civil Cover Sheet by MAYCON M FERRAZ BONATO. (JADOO, TREVOR) (Entered: 07/09/2026)

Jul 09, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action for Immigration Habeas case was not used. In the future please use Cause of Action 28:2241 Petition for Writ of Habeas Corpus,Party Information, Be sure to add all Petitioners and Respondents listed on the caption of your pleading, All parties must be entered in Capital Letters . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dmw, )

Jul 09, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 09, 2026

QC - Civil Cover Sheet JS44

Jul 09, 2026

Add and Terminate Judges

Jul 09, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (dmw)

Jul 09, 2026

Judge Esther Salas added. (dmw)

Jul 09, 2026

QC - Attorney Case Opening

#4

Jul 10, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native of Brazil and citizen of Italy, alleges that he entered the United States without inspection and admission or parole in 2012, and has been continuously present in this country since his entry. (Pet. Paras. 28-29, 38). Petitioner obtained a high school diploma and has been gainfully self-employed as a carpenter. (Id. Paras. 30-31.) He lives with his partner and his two children (including a U.S. citizen son) in Neptune, New Jersey. (Id. Para. 27). "Petitioner has no criminal record whatsoever" and "has never been arrested or charged with any crime in either the United States or his native country." (Id. Para. 37). On July 4, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was celebrating the Fourth of July holiday with his family at Sandy Hook National Park in New Jersey, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 32, 35). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. Petitioner's motion for a temporary restraining order, (D.E. No. 1 -2), is DENIED as moot. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -3), the exhibit, (D.E. No. 3 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/10/2026. (ek) (Entered: 07/10/2026)

Jul 10, 2026

Text Order