District of New Jersey • 2:26-cv-08851

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Jul 16, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5 receipt number NEW54594.), filed by GUIHUT JOSAFAT MORA-JIMENEZ. (Attachments: # 1 Exhibit)(ps) (Entered: 07/16/2026)

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Jul 16, 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 7/16/2026. (ps) (Entered: 07/16/2026)

Jul 16, 2026

Emergent Immigration Habeas Non-transfer Order

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Jul 17, 2026

TEXT ORDER: Pro Se Petitioner Guihat Josafat Mora-Jimenez alleges that he was at liberty on July 14, 2026, with a master hearing before an immigration court in Newark, New Jersey scheduled for October 10, 2026, when he was arrested by Immigration and Customs Enforcement ("ICE") officers for no reason (ECF No. 1, Petition at 1-9.) He alleges that he has no criminal history. (Petition at 9.) Along with the Petition, Petitioner submitted a copy of his Notice to Appear in immigration court on October 10, 2026, and an Order of Release on Recognizance, both dated April 27, 2023. ECF No. 1-1 ("Exhibit"). The Court liberally construes the pro se petition, as it must, see Erickson v. Pardus, 551 U.S. 89, 94 (2007), to name the Respondent "Warden of Delaney Hall Detention Facility" instead of the facility itself and to allege Petitioner is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b)(2), and that Petitioner is subject to detention instead under 8 U.S.C. 1226(a). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. Petitioner, appearing pro se, requested a bond hearing before a judge. "[A] habeas court must have the power to order the conditional release of an individual unlawfully detained--though release need not be the exclusive remedy and is not the appropriate one in every case in which the writ is granted[.]" Boumediene v. Bush, 553 U.S. 723, 779 (2008), judgment entered, No. 07A1011, 2008 WL 11579668 (U.S. June 19, 2008). The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner by 5:00 p.m. on July 18, 2026, and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer by 5:00 p.m. on July 18, 2026, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/17/26. (cm, ) Modified on 7/17/2026 (CM). (Entered: 07/17/2026)

Jul 17, 2026

Order

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Jul 20, 2026

Notice of Appearance

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Jul 20, 2026

Letter