CAMDEN, N.J. — A federal judge has allowed portions of a habeas corpus petition filed by an El Salvador native detained by U.S. Immigration and Customs Enforcement to move forward, ordering the government to provide additional briefing on whether his continued detention is lawful under federal immigration statutes.
In an opinion issued Thursday, Chief U.S. District Judge Renée Marie Bumb found that Oscar Aguilar Corea’s challenge to his immigration detention warrants further review on two statutory claims, while rejecting his argument that his detention has become unconstitutionally prolonged under the Fifth Amendment.
According to court records, Aguilar Corea entered the United States in 2006 as an unaccompanied minor and was later released into the custody of his mother in Long Branch. An immigration judge entered an in absentia removal order against him on March 1, 2007, after he failed to appear for a scheduled immigration hearing.
ICE arrested Aguilar Corea at his New Jersey workplace on July 30 and he is currently being held at Delaney Hall Detention Facility in Newark.
Judge seeks answers on detention authority
Aguilar Corea filed a petition under 28 U.S.C. § 2241 raising four challenges to his detention. He argued that ICE is improperly holding him under the mandatory detention provisions of 8 U.S.C. § 1231(a)(2), that he is entitled to a custody review under federal regulations, that his detention violates the Supreme Court’s decision in Zadvydas v. Davis, and that it infringes on his constitutional due process rights.
Judge Bumb rejected the claim that his detention has become unreasonably prolonged, noting that his arrest occurred only weeks before the petition was considered and that his removal remains reasonably foreseeable.
However, the court found unresolved legal questions regarding whether the mandatory 90-day removal period had already expired years ago or was legally suspended.
The opinion notes that unless the government can show Aguilar Corea acted to prevent his removal after the 2007 order became final, the statutory removal period may have expired long before his 2026 arrest.
The court also ordered supplemental briefing on Aguilar Corea’s claim that ICE failed to provide the custody review procedures required under federal regulations after his detention.
- Petitioner entered the U.S. in 2006 as an unaccompanied minor.
- Immigration judge ordered him removed in absentia in 2007.
- ICE arrested him at a New Jersey workplace on July 30.
- Federal judge rejected constitutional prolonged-detention claim.
- Court ordered additional briefing on two statutory detention issues.
The case highlights a recurring legal issue in immigration enforcement involving individuals arrested years after final removal orders were issued. Federal courts have distinguished between constitutional challenges based on lengthy detention and statutory questions over whether ICE is relying on the correct legal authority to continue holding a detainee.
FAQ
Who is the petitioner?
Oscar Aguilar Corea is a citizen of El Salvador who is being held by ICE at Delaney Hall Detention Facility in Newark.
Why was he ordered removed?
Court records state an immigration judge entered an in absentia removal order in 2007 after he failed to appear for a scheduled immigration hearing.
What did the judge decide?
The court denied his claim that his detention is unconstitutionally prolonged but ordered additional briefing on whether ICE is detaining him under the proper statutory authority and whether required custody review procedures were followed.
Was he released?
No. The opinion does not order his release, and he remains in ICE custody while the case continues.
What happens next?
The federal court will review supplemental briefing from the parties before deciding the remaining claims in the habeas petition.
Sources: U.S. District Court for the District of New Jersey, Aguilar Corea v. Mullin, et al., Civil Action No. 26-9809; 28 U.S.C. § 2241; 8 U.S.C. § 1231.
