District of New Jersey • 2:26-cv-01777

#1

Feb 23, 2026

Third PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17125593.), filed by MARIA ELENA OROZCO DELGADILLO. (Attachments: # 1 Civil Cover Sheet COVER SHEET, # 2 Exhibit EXHIBITS A-H)(KIAM-ABRAHAM, ROCHELLE) (Entered: 02/23/2026)

Feb 23, 2026

Judge Madeline Cox Arleo added. (dmw)

Feb 24, 2026

Add and Terminate Judges

#2

Feb 26, 2026

Show Cause

#3

Feb 26, 2026

TEXT ORDER - This MATTER comes before the Court on Petitioner's MARIA ELENA OROZCO DELGADILLO's habeas petition challenging her unlawful detention and seeking release from immigration detention. (ECF No. 1.) Her counsel has filed a motion for an OTSC seeking expedited consideration because Petitioner is pregnant, has medical issues that require surgery, and is hospitalized. (ECF No. 2 at 3.) Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District or removing her from the United States while this habeas proceeding is pending. The Third Circuit's decision in Lucas v. Hadden, 790 F.2d 365 (3d Cir. 1986) holds that "bail may be granted to a habeas petitioner prior to a ruling on the merits of the petition" where "extraordinary circumstances" are present, id. at 367; and courts have applied this reasoning in immigration habeas cases, see Kolawole O.T. v. Ahrendt, 466 F. Supp.3d 457, 466, 470 (D.N.J. 2020) (finding that interim release was warranted based on serious mental illness and petitioner's worsening mental health during the COVID-19 pandemic); 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 where the petitioner's daughter was gravely ill); M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *2 (D.N.J. Dec. 19, 2025) (ordering release of a long-term resident of the United States with serious medical conditions who was improperly detained under 8 U.S.C. § 1225(b)(2); Respondents shall provide Petitioner's full medical records by Friday, February 27, 2026, at 12 noon and shall SHOW CAUSE why the Court should not order Petitioner's immediate release under reasonable conditions pending adjudication of her habeas petition. The Court will order Petitioner's immediate release if Respondents fail to comply with this Text Order by the deadline. So Ordered by Judge Madeline Cox Arleo on 2/26/226. (jl, ) (Entered: 02/26/2026)

#4

Feb 26, 2026

Notice of Appearance

Feb 26, 2026

Text Order

#5

Feb 27, 2026

Letter

#6

Feb 27, 2026

TEXT ORDER - This matter comes before the Court on Respondents' letter response to the Court's Order to Show Cause, which notifies the Court that Immigration and Customs Enforcement ("ICE") intends to release Petitioner from custody; Respondents, however, provide no timeline for her release. (ECF No. 5.) It is hereby ORDERED that Respondents shall release Petitioner from immigration custody no later than Saturday, February 28, 2026 at 12 noon. p.m. even if she remains hospitalized. So Ordered by Judge Madeline Cox Arleo on 2/27/2026. (jl, ) (Entered: 02/27/2026)

Feb 27, 2026

Text Order

#7

Feb 28, 2026

Letter