District of New Jersey • 1:26-cv-09995

VARELA-PEREZ v. WARDEN DELANEY HALL DETENTION FACILITY

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Case Information

Filed: August 07, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 07, 2026
First PETITION for Writ of Habeas Corpus on Behalf of Alien Detainee ( Filing fee $ 5 receipt number ANJDC-17770955.), filed by BRAYAN VARELA-PEREZ. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit List, # 3 Exhibit ICE Detainee Locator, # 4 Exhibit Release and Parole Document, # 5 Exhibit I-589 Receipt, # 6 Exhibit I-589 Cursory Dismissal, # 7 Exhibit CFI Interview Notice, # 8 Exhibit Wife's CFI Excerpt, # 9 Exhibit Wife's Release and Supervision Document, # 10 Exhibit Wife's Notice to Appear, # 11 Exhibit Wife's Individual Hearing Date)(THOMAS, ANDREW) (Entered: 08/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 07, 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 8/7/26. (jbb) (Entered: 08/07/2026)
#3
Aug 07, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN DELANEY HALL DETENTION FACILITY, ARTHUR J. WILSON (STRATIGEAS, CHRISTOPHER) (Entered: 08/07/2026)
Main Document: Notice of Appearance
#4
Aug 07, 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, Brayan Varela-Perez ("Petitioner") (ECF No. 1). According to the Petition, Petitioner is a native of Nicaragua who entered the United States with his wife in June 2021, was found to have a credible fear based on his wife's successful credible fear determination, and was subsequently paroled into the United States. Petitioner alleges that although he was included as a derivative beneficiary on his wife's pending asylum application, his removal proceedings were never properly initiated in Immigration Court, preventing consolidation of his case with hers. After USCIS dismissed his affirmative asylum application on procedural grounds and referred him for a new credible fear process, Petitioner attended a Credible Fear Interview on August 4, 2026, at the Newark Asylum Office, where he was taken into ICE custody and transferred to Delaney Hall Detention Facility. Petitioner contends that his continued detention without a bond hearing violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act, the Administrative Procedure Act, and C.F.R. § 236.1, 1236.1 and 1003.19. (Id.) If Respondents determine that Petitioner (1) does NOT have a criminal history, and (2) is NOT subject to a final order of removal, Respondents shall release Petitioner within twenty-four (24) hours of the entry of this Order (a) in the State of New Jersey, if Petitioner was initially arrested in New Jersey, or otherwise as close to the place of initial arrest as reasonably practicable; (b) without additional conditions (such as ankle monitors or other electronic tracking devices); and (c) with all personal property seized at the time of arrest in the same condition as it existed immediately prior to arrest. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying (1) whether Petitioner has a criminal history, (2) whether Petitioner is subject to a final order of removal, and (3) the statutory authority under which Petitioner continues to be detained. Upon receipt of that letter, the Court will determine whether an expedited scheduling order or other proceedings are necessary. So Ordered by Judge Karen M. Williams on 8/7/26. (nar) (Entered: 08/07/2026)
Aug 07, 2026
Judge Karen M. Williams added. (jbb)
Aug 07, 2026
Emergent Immigration Habeas Non-transfer Order
Aug 07, 2026
Add and Terminate Judges
Aug 07, 2026
Order
#5
Aug 10, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN DELANEY HALL DETENTION FACILITY, ARTHUR J. WILSON (STRATIGEAS, CHRISTOPHER) (Entered: 08/10/2026)
Main Document: Notice of Appearance
#6
Aug 10, 2026
Letter from Respondents re: Petitioner's Release re 4 Order,,,,,,,,,. (STRATIGEAS, CHRISTOPHER) (Entered: 08/10/2026)
Main Document: Letter
Aug 25, 2026
Terminate Civil Case
Aug 25, 2026
Text Order

Parties

VARELA-PEREZ
Party
WARDEN DELANEY HALL DETENTION FACILITY
Party