District of New Jersey • 2:26-cv-08569

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Jul 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17647936.), filed by SINCHI MOROCHO. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 07/10/2026)

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Jul 10, 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 7/10/2026. (jml, ) (Entered: 07/10/2026)

Jul 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 10, 2026

Judge Madeline Cox Arleo added. (jml, )

Jul 10, 2026

Add and Terminate Judges

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Jul 13, 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, Claudio Ivan Morocho Sinchi, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner alleges that he is presently in mandatory detention pursuant to Matter of Q. Li, 29 I. & N. Dec. 66 (BIA 2025), determining that an applicant for admission who is arrested and detained without a warrant while arriving in the United States and subsequently placed in removal proceedings is detained under § 1225 and ineligible for release on bond and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), holding that all noncitizens who enter the United States without admissible or parole are subject to detention under § 1225(b)(2)(A). (ECF No. 1 at 6.) He contends that his continued detention violates the Fifth Amendment's Due Process Clause and the Immigration and Nationality Act. (Id. at 6-7.) Based on the allegations in the Petition, and in accordance with hundreds of similar district court opinions in this district and across the nation, the Court preliminarily concludes that Petitioner is unlawfully subjected to mandatory detention under 8 U.S.C. § 1225(b) because he was apprehended within the interior of the United States after residing here for an extended period and, therefore, he may only lawfully be subject to discretionary detention under 8 U.S.C. § 1226(a). See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025) (collecting cases interpreting Sections 1225 and 1226(a)). Thus, unless Respondents contend that Ayala Amaya is materially distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 48 hours of the entry of this Order under the same conditions, if any, that existed prior to her detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file an expedited response to the Petition within 48 hours, setting forth the factual and legal basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Madeline Cox Arleo on 7/13/2026. (aa, ) (Entered: 07/13/2026)

Jul 13, 2026

Order

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Jul 14, 2026

Notice of Appearance

#5

Jul 14, 2026

Letter