District of New Jersey • 2:26-cv-09502

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17723791.), filed by DANILO FAUSTINO GUARTAZACA VILLA. (Attachments: # 1 Civil Cover Sheet, # 2 Brief, # 3 Text of Proposed Order, # 4 Certificate of Service)(ALLEN, MARIBEL) (Entered: 07/28/2026)

#2

Jul 28, 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 7/28/2026. (gxh) (Entered: 07/28/2026)

Jul 28, 2026

Case Assigned/Reassigned

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Case Assigned to Judge Jamel K. Semper. (gxh)

#3

Jul 29, 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 Danilo Faustino Guartazaca Villa ("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 Ecuador who entered the United States without inspection in 2008 and has resided here since that time. Petitioner alleges that he has no final order of removal or criminal misdemeanors, felonies, or convictions. Petitioner further alleges that Respondents took him into ICE custody on or about July 27, 2026. Petitioner contends that his current detention is unauthorized by statute, and violates the Due Process Clause of the Fifth Amendment 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 7/29/2026. (sms) (Entered: 07/29/2026)

Jul 29, 2026

Order to Answer

#4

Jul 31, 2026

Notice of Appearance

#5

Jul 31, 2026

Status Report

Aug 12, 2026

Text Order

Aug 13, 2026

Terminate Civil Case