District of New Jersey • 1:26-cv-08665

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Jul 14, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by MINDOR JOSE GOVEA ARAUZ. (Attachments: # 1 Envelope).(dnw). (n.m) (Entered: 07/14/2026)

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Jul 14, 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 7/14/2026. (tf, n.m.) (Entered: 07/14/2026)

Jul 14, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 15, 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, Mindor Jose Govea Arauz ("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 Ecuador who entered the United States in 2024, and has remained here since. Petitioner alleges that, following his entry, he was released on his own recognizance pursuant to 8 U.S.C. § 1226, and thereafter filed an Application for Asylum, Withholding of Removal, and protection under the Convention Against Torture. Petitioner further alleges that an Immigration Judge ordered him removed on October 11, 2024, but that he timely appealed that decision on November 11, 2024, which remains pending. Petitioner alleges that he has no criminal charges or convictions. Petitioner further alleges that, on or about March 16, 2026, ICE officers arrested him in New Jersey and transferred him to the Delaney Hall Detention Facility, where he remains detained. Petitioner contends that Respondents have classified him as subject to mandatory detention under 8 U.S.C. § 1225(b), have not provided him with notice or any meaningful opportunity to challenge his continued detention, and have afforded him no individualized custody determination. 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 by July 22, 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 or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 15, 2026. (Williams, Karen) (Entered: 07/15/2026)

Jul 15, 2026

Text Order

Jul 15, 2026

Filing Fee Received

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Jul 21, 2026

Notice of Appearance

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Jul 22, 2026

Letter