District of New Jersey • 3:26-cv-00980

#1

Feb 02, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17049966.), filed by MURLANDE CEYARD. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 02/02/2026)

Feb 02, 2026

Judge Georgette Castner added. (alg)

Feb 02, 2026

Add and Terminate Judges

Feb 02, 2026

Notice of Judicial Preferences

Feb 02, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3)

#2

Feb 03, 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 seeks an order to show cause ("OTSC") and an order enjoining her transfer from the District of New Jersey, or removal from the United States, pending further order of this Court. (See ECF No. 1 at 42-43.) 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. The request for an OTSC is DENIED as moot. 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 18, 20-21.) Under this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 ("Mistry Jan. 28, 2026 Mem. & Order"), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, Chen, 2025 WL 3527239, at *2-4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. Specifically, it appears that, inter alia: (1) on or about January 2017, Petitioner entered the United States pursuant to the Haitian Humanitarian Parole program; (2) Petitioner's parole application "was processed and granted approval before the Petitioner set foot in United States territory;" and (3) in August 2025, in the interior of the United States, Petitioner was detained at the offices of U.S. Citizenship and Immigration Services in Newark, New Jersey, following her interview to adjudicate the alien relative petition filed by her husband on her behalf. (ECF No. 1 at 14-15, 30-31.) Based on these alleged facts, this Court's rulings in Chen, Flores, and Mistry control this present matter. Chen, 2025 WL 3527239, at *4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. In accordance with 8 U.S.C. § 1226(a), by 5:00 p.m., Friday, February 6, 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 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 this Court's decisions do not control, they shall file an expedited answer by 5:00 p.m. Thursday, February 5, 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 attachment to the Petition (ECF No. 1 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov (jmh) (Entered: 02/03/2026)

Feb 03, 2026

2 Text Order and ECF 1 emailed to USANJ-HabeasCases@usdoj.gov on 2/3/2026. (jmh)

Feb 03, 2026

Text Order

Feb 03, 2026

Docket Annotation (public)

#3

Feb 06, 2026

Substitution of Attorney

#4

Feb 06, 2026

Letter

#5

Feb 09, 2026

Letter

#6

Feb 11, 2026

Show Cause

#7

Feb 11, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's February 9, 2026 letter "Requesting Immediate Release due to Eighth Amendment violations." (ECF No. 5 ) By February 13, 2026, Respondents shall file a response to Petitioner's request for immediate release on the grounds that Petitioner has a large tumor in the area of her throat impeding her breathing, which has developed since she was first detained; Petitioner has been hospitalized on three different occasions due to respiratory complications; Petitioner has been prescribed surgery to remove the tumor, but examining physicians have recommended that the surgery be performed when she is no longer detained due to the high risk of potential infections in detention; physicians have advised that Petitioner should at least receive additional support for her head at night to avoid choking in her sleep; Respondents are aware of the severity of Petitioner's condition; and Respondents have refused to provide Petitioner with accommodations to safeguard her life and well-being despite knowing that she is in danger of choking in her sleep. (Id. at 1-3.) Respondents shall include with their response medical records and any other documentation relevant to Petitioner's request. So Ordered by Judge Georgette Castner on 2/11/2026. (jmh) (Entered: 02/11/2026)

#8

Feb 11, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's motion entitled "Petitioner's Emergency Motion for Preliminary Injunction" and docketed as "Motion for Order to Show Cause due to Petitioner's Emergent Medical Condition Including Respiratory Complications Receiving No Treatment by Respondents" (Motion) (ECF No. 6 .) The Court finds good cause to decide this Motion ex parte. For the reasons stated in the Motion, the Motion is GRANTED. By 11:59 p.m., February 11, 2026, Respondents shall release Petitioner from civil immigration custody, subject to the prior terms of supervision, if any, in effect at the time Petitioner was taken into custody, pending a final ruling by the Court on Petitioner's claim while she awaits a final ruling by the Court on her Eighth Amendment claim for habeas relief. Respondents shall file written notice of Petitioner's release within one (1) hour of the release. So Ordered by Judge Georgette Castner on 2/11/2026. (jmh) (Entered: 02/11/2026)

#9

Feb 11, 2026

Letter

Feb 11, 2026

Text Order

#10

Feb 13, 2026

Letter

#11

Feb 13, 2026

TEXT ORDER: This matter comes before the Court upon Respondents' letter. (ECF No. 9 .) The Court granted Petitioner's motion entitled "Petitioner's Emergency Motion for Preliminary Injunction" (ECF No. 6 ) and ordered that Petitioner be released from custody. (ECF No. 8 .) Respondents confirmed that Petitioner has been released in compliance with the Court's Order. (ECF No. 9 .) The Clerk's Office is therefore instructed to TERMINATE the motion pending at ECF No. 6 . So Ordered by Judge Georgette Castner on 2/13/2026. (jmh) (Entered: 02/13/2026)

Feb 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 13, 2026

Text Order AND ~Util - Terminate Motions

Feb 13, 2026

Set Deadlines as to 6 First MOTION for Order to Show Cause due to Petitioner's Emergent Medical Condition Including Respiratory Complications Receiving No Treatment by Respondents. Motion set for 3/16/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )

#12

Feb 17, 2026

TEXT ORDER: This matter comes before the Court on the filing of a "Letter from Respondents regarding medical treatment" together with attached medical records ("February 13, 2026 Letter"). (ECF No. 10 ). Within seven (7) days of the date of entry of this Text Order, Petitioner shall file a reply to the February 13, 2026 Letter. In her reply, Petitioner shall address Respondents' argument that the Court should dismiss the conditions-of-confinement claim because it would expand habeas jurisdiction beyond the limited scope established in Hope v. Warden York County Prison, 972 F.3d 310 (3d Cir. 2020), in a manner unsupported by Supreme Court and Third Circuit case law. So Ordered by Judge Georgette Castner on 2/17/2026. (jmh) (Entered: 02/17/2026)

Feb 17, 2026

Text Order

#13

Feb 24, 2026

Letter

#14

Feb 26, 2026

Seal Document

Feb 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings