District of New Jersey • 2:26-cv-08969

#1

Jul 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17680063.), filed by DANERY ENRIQUE PADILLA CARBAJAL. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 07/19/2026)

#2

Jul 19, 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 7/19/2026. (jml, ) (Entered: 07/19/2026)

Jul 19, 2026

Judge Jamel K. Semper added. (jml, )

Jul 19, 2026

Add and Terminate Judges

Jul 19, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 20, 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 Damery Enrique Padilla Carbajal ("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 Honduras who was detained by ICE on or about July 18, 2026, after residing in the United States for approximately two years following his entry in or about December 2023. Petitioner alleges that, shortly after his arrival, he applied for asylum, that his asylum application remains pending, and that he was granted employment authorization and a Social Security card while his immigration proceedings remain pending. Petitioner further alleges that his next Immigration Court hearing is scheduled for 2028. Petitioner alleges that he has no criminal history that he and maintains strong family and community ties. Petitioner further alleges that he was detained by ICE while standing in front of his residence and contends that his continued detention violates the Due Process Clause of the Fifth Amendment, the Administrative Procedure Act and the Immigration and Nationality Act. (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 within seven (7) days of this Order, 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 Jamel K. Semper on 7/20/2026. (sms) (Entered: 07/20/2026)

Jul 20, 2026

Order to Answer