District of New Jersey • 2:26-cv-09801

#1

Aug 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17750968.), filed by XAVIER SAQUISILI-ALTAMIRANO. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 08/03/2026)

#2

Aug 03, 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 8/3/2026. (jml, ) (Entered: 08/03/2026)

Aug 03, 2026

Emergent Immigration Habeas Non-transfer Order

Aug 03, 2026

Add and Terminate Judges

Aug 03, 2026

Judge Brian R. Martinotti added. (jml, )

#3

Aug 04, 2026

ORDER TO ANSWER: Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are TEMPORARILY ENJOINED from transferring Petitioner from his current detention facility during the pendency of this action; within five (5) days of the date of the entry of this Order, Respondents shall electronically file a full and complete answer to said Petition. Signed by Judge Brian R. Martinotti on 8/4/2026. (sms2) (Entered: 08/04/2026)

#4

Aug 09, 2026

Notice of Appearance

#5

Aug 10, 2026

Letter

#6

Aug 11, 2026

TEXT ORDER: Before the Court is Xavier Saquisili-Altamirano's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Respondents filed an answer. (ECF No. 5.) Petitioner, a native of Ecuador, entered the United States in 2023 and was paroled into the country and is detained under 8 U.S.C. § 1225(b)(1). (See generally id.) Petitioner contends that he is unlawfully detained. (See ECF No. 1.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally, ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/11/2026. (lr, ) (Entered: 08/11/2026)

Aug 11, 2026

***Civil Case Terminated. (wh)

Aug 11, 2026

Text Order

Aug 11, 2026

Terminate Civil Case

#7

Aug 12, 2026

Letter