District of New Jersey • 2:26-cv-00942

#1

Jan 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17046114.), filed by RITA DE CASSIA COELHO ALBERNAZ. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 01/30/2026)

#2

Jan 30, 2026

MOTION for Temporary Restraining Order by RITA DE CASSIA COELHO ALBERNAZ. (MINOGUE, ALEXANDRA) (Entered: 01/30/2026)

#3

Jan 30, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which she alleges that she is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 5 ("Petition"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a), which entitles him to a bond hearing. It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within 3 days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this District previously addressing § 1225, they shall file, within 5 days of this Order, an expedited answer, and Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. Petitioner's TRO Motion, D.E. 2, is therefore DISMISSED without prejudice as MOOT. SO ORDERED by Judge Evelyn Padin on 1/30/2026. (jr) (Entered: 01/30/2026)

Jan 30, 2026

Order on Motion for TRO

Jan 30, 2026

Case assigned to Judge Evelyn Padin. (jr)

Jan 30, 2026

Case Assigned/Reassigned

#4

Feb 04, 2026

Substitution of Attorney

#5

Feb 04, 2026

Response to Habeas Petition

#6

Feb 05, 2026

Response (NOT Motion)

#7

Feb 09, 2026

Brief