District of New Jersey • 2:26-cv-09630

#1

Jul 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17734281.), filed by CARLOS GRICELIO QUEVEDO GARCIA. (Attachments: # 1 PROPOSED HABEAS ORDER, # 2 ORDER TO SHOW CAUSE, # 3 Certificate of Service CERTIFICATE OF SERVICE, # 4 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 5 Exhibit EXHIBIT A: ICE DETAINEE LOCATOR, # 6 Exhibit EXHIBIT B: ACIS, # 7 Exhibit EXHIBIT C: MALDONADO FINAL JUDGMEN)(PEREZ, BRYAN) (Entered: 07/30/2026)

#2

Jul 30, 2026

MOTION for Temporary Restraining Order by CARLOS GRICELIO QUEVEDO GARCIA. (Attachments: # 1 PROPOSED TRO)(PEREZ, BRYAN) (Entered: 07/30/2026)

#3

Jul 30, 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 7/30/2026. (jml, ) (Entered: 07/30/2026)

Jul 30, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 30, 2026

Add and Terminate Judges

Jul 30, 2026

Judge Esther Salas added. (jml, )

#4

Jul 31, 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 Guatemala, entered the United States through the U.S.-Mexico border in or around 2010, and he has resided in this country since his arrival. (Id. Paras. 14, 21-22). Petitioner owns a construction company and pays taxes. (Id. Para. 23). "Upon information and belief, Petitioner has never been arrested, charged, or convicted of any crime anywhere in the United States." (Id. Para. 29). On July 29, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner on the New Jersey Garden State Parkway, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 25, 28). Within forty-eight (48) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history in any other country. 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 attachments to the Petition, (D.E. Nos. 1 -1 through 1 -7), the Motion, (D.E. No. 2 ), the attachment to the Motion, (D.E. No. 2 -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 7/31/2026. (ek) (Entered: 07/31/2026)

Jul 31, 2026

Text Order

#5

Aug 02, 2026

Certification on behalf of CARLOS GRICELIO QUEVEDO GARCIA Re 4 Text Order,,,,,,,. (PEREZ, BRYAN) (Entered: 08/02/2026)

#6

Aug 03, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's counsel's certification, (D.E. No. 5 ("Certification" or "Certif")), filed pursuant to this Court's July 31, 2026 Text Order, (D.E. No. 4 ), directing Petitioner to assert "under oath whether he has any criminal history." In the Certification, Petitioner states that he has no criminal history in Guatemala or in any other country, and has never been arrested, charged with, convicted of, or otherwise found guilty of any criminal offense. (Certif. Para. 3.) Based on the Certification, 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 Petitioner's return and the time of his release. Petitioner's motion for a temporary restraining order, (D.E. No. 2 ), and request for an order to show cause, (D.E. No. 1 -2), are DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . So Ordered by Judge Esther Salas on 8/3/2026. (ek) (Entered: 08/03/2026)

#7

Aug 03, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of TODD BLANCHE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, MARKWAYNE MULLIN, LUIS SOTO, DAVID VENTURELLA (BOBER, SANDRA) (Entered: 08/03/2026)

Aug 03, 2026

Text Order

#8

Aug 04, 2026

Letter from Respondents re: Petitioner's Release. (BOBER, SANDRA) (Entered: 08/04/2026)

#9

Aug 04, 2026

TEXT ORDER : This matter comes before the Court on Respondents' August 4, 2026 letter indicating that, pursuant to this Court's August 3, 2026 Text Order, (D.E. No. 6 ), Petitioner was released from ICE custody on August, 3, 2026. (D.E. No. 8 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 3 & 4 ), 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 8/4/2026. (ek) (Entered: 08/04/2026)

Aug 04, 2026

Text Order

Aug 04, 2026

Terminate Civil Case

Aug 04, 2026

***Civil Case Terminated. (ek)