District of New Jersey • 3:26-cv-01946

#1

Feb 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17132790.), filed by TALITA MENDES-SOUZA DOS SANTOS. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Summons Proposed Summons, # 3 Civil Cover Sheet Civil Cover Sheet)(LAIRD, MITCHELL) (Entered: 02/25/2026)

#2

Feb 25, 2026

MOTION for Temporary Restraining Order by TALITA MENDES-SOUZA DOS SANTOS. (Attachments: # 1 Text of Proposed Order Proposed Order)(LAIRD, MITCHELL) (Entered: 02/25/2026)

#3

Feb 25, 2026

TEXT ORDER: Petitioner TALITA MENDES-SOUZA DOS SANTOS, a citizen of Brazil who allegedly has no criminal history and entered the United States in 2021 and was released on recognizance, has filed a habeas petition, which contends that she is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1, Petition at 21-27.) She has also filed a Motion for a Temporary Restraining Order ("TRO") (ECF No. 2 ), which is GRANTED as follows: Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District while this habeas proceeding is pending. In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). For that reason, it is further ORDERED that in accordance with 8 U.S.C. § 1226(a), within 7 days of the date of entry of this Text Order, 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). It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of the bond hearing with this Court. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. So Ordered by Judge Robert Kirsch on 02/25/2026. (pdm) (Entered: 02/25/2026)

Feb 25, 2026

Case Assigned/Reassigned

Feb 25, 2026

Case assigned to Judge Robert Kirsch. (jr)

Feb 25, 2026

Order on Motion for TRO

#4

Feb 28, 2026

Notice of Appearance

#5

Mar 05, 2026

Letter

#6

Mar 16, 2026

Letter

#7

Mar 23, 2026

Order of Dismissal