District of New Jersey • 3:26-cv-00508

#1

Jan 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17001566.), filed by ARLIT M MARTINEZ CARRADA. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 01/15/2026)

Jan 16, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Jan 16, 2026

Case Assigned to Judge Georgette Castner. (ps)

Jan 16, 2026

Notice of Judicial Preferences

Jan 16, 2026

Case Assigned/Reassigned

#2

Jan 21, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner also requests an order to show cause ("OTSC"), and she asks for an order staying her transfer outside of the District of New Jersey. (See ECF No. 1 -2 at 19-20.) The request for an OTSC is DENIED as moot. 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. According to the Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (See ECF No. 1 -2 at 5-7.) Under this Court's recent decision in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (1) Petitioner entered the United States without inspection in 2004; (2) Petitioner has lived in Maryland since her 2004 entry; (3) Petitioner has no outstanding warrants or criminal history and is the mother of four U.S. citizen children; and (4) on or about January 6, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement officers while driving her husband's car. (ECF No. 1 Paras. 1-2, 20, 28.) Based on these alleged facts, Chen controls this present matter. Chen, 2025 WL 3527239, at *4. In accordance with 8 U.S.C. § 1226(a), by 5:00 p.m., Monday, January 26, 2026, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether she presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within twenty-four (24) hours of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Chen does not control, they shall file an expedited answer by 5:00 p.m., Friday, January 23, 2026, and Petitioner may file a reply within twenty-four (24) hours of the filing of Respondents' expedited answer. Finally, the Clerk of the Court shall forward a copy of the Petition (ECF No. 1), the attached documents (ECF No. 1 -1 & 1 -2), 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 Georgette Castner on 1/21/2026. (jmh) (Entered: 01/21/2026)

#3

Jan 21, 2026

Substitution of Attorney

Jan 21, 2026

Text Order

Jan 21, 2026

2 Text Order and ECF No. 1 Petition with attachments emailed to USANJ-HabeasCases@usdoj.gov on 1/21/2026. (jmh)

Jan 21, 2026

Docket Annotation (public)

#4

Jan 26, 2026

Letter

#5

Jan 27, 2026

TEXT ORDER: This matter comes before the Court on Respondents' letter dated January 26, 2026 (ECF No. 4 ). By 5:00 p.m., Wednesday, January 28, 2026, Respondents shall advise the Court of the new date of Petitioner's individualized bond hearing before an immigration judge. Within twenty-four (24) hours of that bond hearing, Respondents shall file a written notice of the outcome of the hearing. So Ordered by Judge Georgette Castner on 1/27/2026. (jmh) (Entered: 01/27/2026)

Jan 27, 2026

Text Order

#6

Jan 28, 2026

Letter

#7

Jan 29, 2026

Order of Dismissal