District of New Jersey • 2:26-cv-09320

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17706854.), filed by PEDRO ROBLES BAEZ. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/24/2026)

#2

Jul 24, 2026

MOTION for Temporary Restraining Order by PEDRO ROBLES BAEZ. (MINOGUE, ALEXANDRA) (Entered: 07/24/2026)

#3

Jul 24, 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 7/24/2026. (jr) (Entered: 07/24/2026)

Jul 24, 2026

Case assigned to Judge Esther Salas. (jr)

Jul 24, 2026

Case Assigned/Reassigned

Jul 24, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Aug 11, 2026

Letter from Petitioner Seeking Expedited Relief: No criminal history, Resided in US for 42 years, Not receiving necessary medication, etc.. (MINOGUE, ALEXANDRA) (Entered: 08/11/2026)

#5

Aug 12, 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.")), and Petitioner's letter requesting expedited consideration of his Petition, (D.E. No. 4 ("Letter")). 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 Mexico, entered the United States through the border in or around 1984, and he has continuously resided in this country since the entry. (Pet. Para. 23). Petitioner has established substantial family, employment, and family ties in New Jersey, where he resides with his wife and his three adult U.S. citizen children (and one of his children has developmental delays). (Id.) He is also the beneficiary of an approved Form I-130 petition filed by his eldest U.S. citizen daughter. (Id.). Petitioner has no criminal history. (Id. Para. 24). On July 21, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner in a traffic stop, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Para. 26). Petitioner suffers from high blood pressure, has not been provided prescribed antibiotics for an active tooth infection in detention, and possibly has not consistently received his blood pressure medication. (Id. Para. 29; Letter at 2 (further claiming that Petitioner has high cholesterol, has been served food containing visible mold, and his mental well-being has deteriorated)). 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 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 temporary restraining order, (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 -7), the Motion, (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 8/12/2026. (ek) (Entered: 08/12/2026)

Aug 12, 2026

Text Order

#6

Aug 13, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J. VENTURELLA, ARTHUR J WILSON JR,. (ZARRILLO, BRIDGET) (Entered: 08/13/2026)

#7

Aug 13, 2026

Letter from Respondents regarding Petitioner's release. (ZARRILLO, BRIDGET) (Entered: 08/13/2026)

#8

Aug 24, 2026

TEXT ORDER: This matter comes before the Court on Respondents' August 13, 2026 letter indicating that, pursuant to this Court's August 12, 2026 Text Order (D.E. No. 5), Petitioner was released from ICE custody on August 12, 2026. (D.E. No. 7). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 3 & 5), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 8/24/2026. (ps) (Entered: 08/24/2026)

Aug 24, 2026

Text Order

Aug 24, 2026

Terminate Civil Case

Aug 24, 2026

***Civil Case Terminated. (wh)