District of New Jersey • 2:26-cv-01408

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Feb 12, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17091599.), filed by MARIA JUANA MOROCHO DUY, K. E. A.M.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 02/12/2026)

Feb 12, 2026

Case Assigned/Reassigned

Feb 12, 2026

Case assigned to Judge Evelyn Padin. (tjg, )

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Feb 13, 2026

TEXT ORDER: Petitioners Maria Juana Morocho Duy and K.E.A.M. have filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which Petitioners allege they are unlawfully detained. D.E. 1 . However, only Adult Petitioner Maria Juana Morocho Duy is detained in New Jersey. See Petition 31, 36. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Adult Petitioner Maria Juna Morocho Duy from New Jersey while this habeas proceeding is pending. So Ordered by Judge Evelyn Padin on 2/13/2026. (bt) (Entered: 02/13/2026)

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Feb 13, 2026

TEXT ORDER: This matter comes before the Court upon Petitioners Maria J. Morocho Duy's and her minor child, K.E.A.M.'s Verified Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief. D.E. 1 ("Petition"). Petitioner Morocho Duy alleges she is unlawfully confined in Delaney Hall Detention Facility in Newark, New Jersey without a bond hearing under 8 U.S.C. § 1225(b)(2), pursuant to Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025). Petition, 1-3, 29-79. Petitioners allege that Petitioner K.E.A.M. is a 12-year-old child being held in the Cayuga Center for Children in New York, New York. Petition 5, 31-33. This Court lacks habeas jurisdiction under 28 U.S.C. § 2241 over K.E.A.M.'s habeas because she is not in custody in the District of New Jersey. Therefore, as to K.E.A.M. only, the Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction.Under this Court's recent decisions in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025); Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)); Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 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 Morocho Duy has adequately alleged a substantial claim for relief that she is subject to detention under § 1226(a) and is unlawfully detained in violation of due process under the Fifth Amendment without an initial determination of flight risk or danger to the public under 8 C.F.R. § 236.1(a). See Bethancourt Soto v. Soto, No. 25-CV-16200, 2025 WL 2976572, at *9 (D.N.J. Oct. 22, 2025) (ordering release from unlawful detention); Lopez Benitez v. Francis, 795 F. Supp. 3d 475, 498 (S.D.N.Y. 2025). Petitioner Morocho Duy has also alleged extraordinary circumstances, that she is the main caregiver to three children, including her 5-year-old U.S. citizen child who requires her full-time care, Petition 34, which renders her eligible for release on bail to make the habeas remedy effective in this case. See Mapp v. Reno, 241 F.3d 221, 229 (2d Cir. 2001) (holding the district court acted within its inherent power to consider whether the petitioner was entitled to release on bail in habeas proceeding); see Alfonso v. Soto, No. 25CV17371 (EP), 2025 WL 3187438, at *2 (D.N.J. Nov. 14, 2025) (finding extraordinary circumstances to grant release on bail in habeas proceeding).It is ORDERED that, pending this Court's determination of this Petition as to Petitioner Morocho Duy, Respondents shall release Petitioner Morocho Duy within twenty-four hours, subject to reasonable supervised release conditions, unless Respondents contend that Petitioner Morocho Duy has a criminal record that makes her ineligible for release. Respondents shall file a status report on Petitioner's release by tomorrow, 2/14/2026, at 5:00 p.m. Furthermore, Respondents shall file an answer to the Petition within fourteen days of the date of this Text Order. Petitioner may file a reply brief within seven days of Respondents' answer. So Ordered by Judge Evelyn Padin on 2/13/2026. (bt) (Entered: 02/13/2026)

Feb 13, 2026

Text Order

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Feb 14, 2026

Substitution of Attorney

#5

Feb 14, 2026

Letter

#6

Feb 26, 2026

Stipulation

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Feb 26, 2026

Letter

#8

Feb 27, 2026

Order of Dismissal