District of New Jersey • 2:26-cv-09361

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17709343.), filed by JOHN MORENO-DUENEZ. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 07/24/2026)

#2

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. (jml, ) (Entered: 07/24/2026)

Jul 24, 2026

Add and Terminate Judges

Jul 24, 2026

Judge Esther Salas added. (jml, )

Jul 24, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 27, 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. 2 ). 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 alleges that he "has been in the country since 1999" and that "Petitioner's detention should not be governed by 8 U.S.C. § 1225(b)(2)(A) but rather 8 U.S.C. § 1226(a) [and] as such, his current detention is unlawful." (Pet. at 6). Petitioner is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. at 1). The Petition is silent regarding whether Petitioner has any criminal history. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachment to the Petition, (D.E. No. 1 -1), 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 7/27/2026. (ek) (Entered: 07/27/2026)

Jul 27, 2026

Text Order

#4

Jul 28, 2026

Letter

#5

Jul 29, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's counsel's sworn statement, (D.E. No. 4 ("Sworn Statement")), filed pursuant to this Court's July 27, 2026 Text Order, (D.E. No. 3 ), directing Petitioner to assert "under oath whether he has any criminal history." In the Sworn Statement, Petitioner's counsel states that, based on the information provided to him by Petitioner and his family, to counsel's knowledge, Petitioner has no criminal record in the United States or elsewhere in the world. (Sworn Statement Para. 3). Based on the counsel's Sworn Statement, the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), summarized in the Text Order, 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. 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. So Ordered by Judge Esther Salas on 7/29/2026. (ek) (Entered: 07/29/2026)

Jul 29, 2026

Text Order

#6

Jul 31, 2026

Notice of Appearance

#7

Jul 31, 2026

Status Report

#8

Aug 03, 2026

TEXT ORDER : This matter comes before the Court on Respondents' July 31, 2026 letter indicating that, pursuant to this Court's July 29, 2026 Text Order, (D.E. No. 5 ), Petitioner was released from ICE custody on July 30, 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. 2 & 3 ), 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 8/3/2026. (ek) (Entered: 08/03/2026)

Aug 03, 2026

Terminate Civil Case

Aug 03, 2026

Text Order

Aug 03, 2026

***Civil Case Terminated. (ek)