District of New Jersey • 2:26-cv-09041

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17689276.), filed by MANUEL HERNAN VILLA-SANCHEZ. (Attachments: # 1 Civil Cover Sheet Civil Cover sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(KAPITONOV, PETER) (Entered: 07/21/2026)

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Case Assigned to Judge Esther Salas. (mfr)

#2

Jul 22, 2026

MOTION for Temporary Restraining Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court by MANUEL HERNAN VILLA-SANCHEZ. (KAPITONOV, PETER) (Entered: 07/22/2026)

#3

Jul 22, 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 7/22/2026. (jr) (Entered: 07/22/2026)

#4

Jul 22, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 3 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Ecuador, alleges that he entered the United States in July 2005, and has resided in the United States for approximately twenty-one years. (Pet. Paras. 14-16). Petitioner resides with his family in Westchester County, New York at a fixed address, is married and the father of two U.S. citizen children (including one child diagnosed with a severe form of attention deficit/hyperactivity disorder), owns and operates a construction business, and has paid personal and business taxes. (Id. Paras. 17-20). "The most recent criminal conviction presently known to counsel is a driving-while-intoxicated conviction from 2009. Counsel is not aware of any conviction after 2009[.]" (Id. Para. 21). On July 20, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner outside of his residence while looking for another individual, and he has been detained at Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 2, 26-28). Within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any other criminal history apart from his 2009 driving-while-intoxicated conviction. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of the Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 through 1 -5), the motion for a temporary restraining order, (D.E. No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/22/2026. (ek) (Entered: 07/22/2026)

Jul 22, 2026

Text Order

Jul 22, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jul 23, 2026

Letter

#6

Jul 23, 2026

TEXT ORDER : On July 22, 2026, this Court ordered Petitioner to assert under oath whether he has any other criminal history apart from his 2009 driving-while-intoxicated conviction. (D.E. No. 4 ). Petitioner replied to the Court certifying that his "only criminal conviction is a 2009 conviction for driving while intoxicated," and that, "[o]ther than that 2009 DWI conviction, [he has] no other criminal history or criminal record." (D.E. No. 5 -1 at 1). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing 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); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. 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 (D.N.J. Apr. 20, 2026). The Court further notes that a "single driving under the influence charge does not concern moral turpitude and would not even conditionally bar a finding of good moral character under the INA." Navarrete v. Noem, No. 26-0320, 2026 WL 538365, at *7 (M.D. Pa. Feb. 26, 2026); see also Knapik v. Ashcroft, 384 F.3d 84, 90 (3d Cir. 2004) ("[D]runk driving... almost certainly does not involve moral turpitude") (citing Matter of Lopez-Meza, 22 I. & N. Dec. 1188 (BIA 1999) (holding that "a simple DUI offense" will almost never rise to the level of moral turpitude))). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) 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. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. Petitioner's motion for a temporary restraining order, (see D.E. No. 2 ("Motion")), is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -5), the Motion, (D.E. No. 2 ), Petitioner's letter, (D.E. No. 5 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 7/23/2026. (ek) (Entered: 07/23/2026)

Jul 23, 2026

Text Order

#7

Jul 25, 2026

Letter