District of New Jersey • 1:26-cv-08732

#1

Jul 14, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17661994.), filed by ESTUARDO PATRICIO GUASHPA PEREZ. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 07/14/2026)

#2

Jul 15, 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 7/15/26. (tjg, ) (Entered: 07/15/2026)

Jul 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 15, 2026

Case assigned to Judge Karen M. Williams. (tjg, )

Jul 15, 2026

Case Assigned/Reassigned

#3

Jul 16, 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 Estuardo Patricio Guashpa Perez ("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 on or about November 26, 2022, and has remained here since. Petitioner alleges that he has no criminal history, no prior arrests, and no prior order of removal. Petitioner alleges that he is presently in removal proceedings and is scheduled to appear for a Master Hearing on September 23, 2026. Petitioner further alleges that, on July 10, 2026, while traveling to work, immigration officers stopped him approximately one block from his residence and took him into custody without presenting an administrative warrant, Form I-200, or other documentation. Petitioner alleges that he was thereafter transferred to the Delaney Hall Detention Facility, where he remains detained. Petitioner contends that his continued detention violates the Immigration and Nationality Act and 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 23, 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 16, 2026. (Williams, Karen) (Entered: 07/16/2026)

#4

Jul 16, 2026

Letter

Jul 16, 2026

Text Order