District of New Jersey • 1:26-cv-09093

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17692723.), filed by WALTER ELIAS BERNAL PERALTA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE locator, # 3 Exhibit PPT, # 4 Exhibit Birth Certificate, # 5 Index TOC)(CARDENAS, VERONICA) (Entered: 07/21/2026)

#2

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. (mfr) (Entered: 07/22/2026)

Jul 22, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 22, 2026

Case Assigned to Judge Karen M. Williams. (mfr)

Jul 22, 2026

Case Assigned/Reassigned

#3

Aug 06, 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 Walter Elias Bernal Pertlata ("Petitioner"), who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) Petitioner alleges he is a native and citizen of Peru who entered the United States on or about 2008, and has remained here since. On or about July 17, 2026, Petitioner alleges he was arrested by Immigration and Customs Enforcement and transferred to Delaney Hall Detention Facility, where he remains detained. According to the petition, Petitioner is not known to have any history of prior arrest or criminal conviction. Petitioner contends that his mandatory detention pursuant to 1225(b)(2)(A) is unlawful and violates the Due Process Clause of the Fifth Amendment. (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 Karen M. Williams on August 6, 2026. (Williams, Karen) (Entered: 08/06/2026)

#4

Aug 06, 2026

Notice of Appearance

Aug 06, 2026

Text Order

#5

Aug 07, 2026

Letter