District of New Jersey • 3:26-cv-08749

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus, filed by EDGAR LEONARDO DAVILA RANGEL. (Attachments: # 1 Declaration, # 2 Exhibits, # 3 Envelope)(dmr3) (Entered: 07/15/2026)

#2

Jul 15, 2026

MOTION for Temporary Restraining Order by EDGAR LEONARDO DAVILA RANGEL. (Attachments: # 1 Envelope)(dmr3) (Entered: 07/15/2026)

#3

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 7/15/2026. (jjc, ) (Entered: 07/15/2026)

#4

Jul 15, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of WARDEN, DELANEY HALL DETENTION FACILITY (KAPLAN, SARINA) (Entered: 07/15/2026)

#5

Jul 15, 2026

Letter from U.S. Attorney's Office re Petitioner's Location re 3 Emergent Immigration Habeas Non-transfer Order. (KAPLAN, SARINA) (Entered: 07/15/2026)

Jul 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 15, 2026

Notice of Judicial Preferences

Jul 15, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)

#6

Jul 16, 2026

TEXT ORDER: This matter is before the Court on the pro se Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Venezuela, alleges that, on January 28, 2022, after his initial entry in the United States, Petitioner was released on his own recognizance. (Id. Para. 15.) There is no evidence that Petitioner has violated the conditions of his release. (Id. Paras. 16-17.) Petitioner has applied for asylum (and is in removal proceedings), was granted Temporary Protected Status ("TPS") and employment authorization, and has timely filed for TPS re-registration and for renewal of his employment authorization. (Id. Paras. 12-14, 18-20.) Petitioner is the primary economic and emotional provider for his family, including his pregnant wife. (Id. Paras. 24-25.) Petitioner has no criminal record in the United States or any other country, and his only reported interaction with law enforcement was for a minor traffic violation (for which he paid an $86 fine). (Id. Paras. 26-27.) On July 7, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while he was working (making home deliveries), and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 28-31.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) 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. Petitioner's motion (Motion) for a temporary restraining order (ECF No. 2 ) is DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2 . The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3), the Motion (ECF No. 2 ), the attachment to the Motion (ECF No. 2 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov and shall send Petitioner a copy of this Text Order by regular U.S. mail. So Ordered by Judge Georgette Castner on 7/16/2026. (jmh) (Entered: 07/16/2026)

Jul 16, 2026

6 Text Order and ECF Nos. 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov and Text Order sent to Petitioner via USPS on 7/16/2026. (jmh)

Jul 16, 2026

Filing fee: $ 5, receipt number NWK54576 (dmr3)

Jul 16, 2026

Text Order

Jul 16, 2026

Docket Annotation (public)

Jul 16, 2026

Filing Fee Received

#8

Jul 21, 2026

Notice (Other)