District of New Jersey • 1:26-cv-08762

#1

Jul 15, 2026

PETITION for Writ of Habeas Corpus, filed by JUAN GABRIEL VARGAS GARCIA. NO FF/IFP. (Attachments: # 1 Exhibit).(dnw). (n.m) (Entered: 07/16/2026)

#2

Jul 15, 2026

MOTION FOR Immediate Release by JUAN GABRIEL VARGAS GARCIA. (dnw) (Entered: 07/16/2026)

#3

Jul 15, 2026

MOTION for Expedite Consideration by JUAN GABRIEL VARGAS GARCIA. (dnw) (Entered: 07/16/2026)

#4

Jul 15, 2026

MOTION to Enjoin Transfer by JUAN GABRIEL VARGAS GARCIA. (dnw) (Entered: 07/16/2026)

#5

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. (dmw) (Entered: 07/16/2026)

Jul 15, 2026

Filing fee: $ 5, receipt number NEW150134 (vm)

Jul 16, 2026

Emergent Immigration Habeas Non-transfer Order

#6

Jul 17, 2026

TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by pro se Petitioner Juan Gabriel Vargas Garcia ("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 Guatemala who entered the United States in August of 2006, and has remained here since. Petitioner alleges that he is the father of three United States citizen children, and that he has no criminal history. Petitioner further alleges that on July 9, 2026, U.S. Immigration and Customs Enforcement ("ICE") officers arrested him while walking to work, and thereafter transferred him to the Delaney Hall Detention Facility, where he remains detained. Petitioner further alleges that ICE did not explain the legal basis for his arrest. Petitioner further contends that his continued detention violates the Due Process Clause of the Fifth Amendments. (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 24, 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 17, 2026. (Williams, Karen) (Entered: 07/17/2026)

#7

Jul 17, 2026

Notice of Appearance

#8

Jul 17, 2026

Letter

Jul 17, 2026

Text Order

Jul 17, 2026

Filing Fee Received

Jul 20, 2026

Text Order