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Case 1:26-cv-12428-KMW Document8- Filed 10/15/26 Page 1 of 3 PagelD: <pagelD>

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ELMER RODRIGUEZ JOVEL,

Petitioner, Civil Action No. 26-cyv-12428

Vv. MEMORANDUM ORDER
WARDEN, DELANEY HALL DETENTION October 15, 2026
FACILITY,

Respondent.

WHEREAS, Petitioner Elmer Rodriguez Jovel (“Petitioner”), proceeding pro se, filed a
Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, challenging his continued
immigration detention and seeking immediate release or a bond hearing, together with motions for
temporary and expedited relief (ECF Nos. 1-4); and

WHEREAS, Petitioner asserts that his detention without a bond hearing violates the Due
Process Clause of the Fifth Amendment (ECF No. 1); and

WHEREAS, Respondents oppose the Petition and submit documentary evidence
establishing that Petitioner was issued a Notice and Order of Expedited Removal on May 25, 2013,
was removed from the United States on July 4, 2013, and, following his subsequent reentry,
became subject fo a reinstated order of removal on July 26, 2026 (ECF No, 7 at 3, Exs. A-C); and

WHEREAS, pursuant to 8 U.S.C. § 1231(a)(5), when a noncitizen illegally reenters the
United States after having been removed under a prior order, the prior order is reinstated from its

original date, is not subject to reopening or review, and the noncitizen shall be removed under that

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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order. The Supreme Court has held that detention of a noncitizen subject to a reinstated removal
order is governed by § 1231, rather than § 1226. Johnson v. Guzman Chavez, 594 U.S. 523, 531-
33 (2021) (explaining that a reinstated removal order is administratively final and that detention is
governed by the post-removal-period framework); Guerrero-Sanchez v. Warden York County
Prison, 905 F.3d 208, 216-17 (3d Cir. 2018) (holding that § 1231(a), rather than § 1226(a), governs
detention pursuant to a reinstated removal order); and

WHEREAS, the documentary evidence establishes that Petitioner is subject to a reinstated
final order of removal and is detained pursuant to 8 U.S.C, § 1231(a), not § 1226(a). Accordingly,
Petitioner’s contention that he is entitled to a bond hearing under the pre-removal-order detention
framework is without merit; and

WHEREAS, although detention under § 1231 is subject to constitutionai limitations, the
Supreme Court has recognized that post-removal-period detention is presumptively reasonable for
six months, after which a noncitizen may obtain relief by demonstrating that there is no significant
likelihood of removal in the reasonably foreseeable future. Zadvydas v. Davis, 533 U.S. 678, 699-
701 (2001) (construing § 1231{a)(6) to avoid serious constitutional concerns arising from
potentially indefinite detention), Petitioner has not established a basis for relief under that
framework on the record presently before the Court; accordingly, the Court finds no basis to grant
the requested habeas relief;

IT IS, on this 15" day of October, 2026,

ORDERED that the Petition for a Writ of Habeas Corpus CECF No. 1) is DENDED; and it
is further

ORDERED that Petitioner’s Emergency Motion for Immediate Release Without

Monetary Bond (ECF No. 3) and Emergency Motion for Expedited Consideration and Request for

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Temporary Relief (ECF No. 4) are DENIED; and it is further

ORDERED that the restriction on Petitioner’s transfer imposed by the Court’s September
22, 2026 Text Order (ECF No. 5) ts LIFTED; and it ts further

ORDERED that the Clerk shall docket a copy of this Memorandum Order in Rodriguez
Jovel v. Warden, Delaney Hall Detention Facility, Civil Action No. 26-9636 (D.N.J.); and it is
further

ORDERED that the Clerk shall CLOSE this case.

~ Hon. Karen M. Williams,
United States District Judge