District of New Jersey • 2:26-cv-02188

#1

Mar 03, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17151563.), filed by ROSA EXILDA CHANCAFE. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) (Entered: 03/03/2026)

#2

Mar 03, 2026

MOTION for Temporary Restraining Order by ROSA EXILDA CHANCAFE. (Attachments: # 1 Memorandum)(CURBELO, CAROLINA) (Entered: 03/03/2026)

#3

Mar 03, 2026

TEXT ORDER - Before the Court is Petitioner Rosa Exilda Chancafe's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241 (ECF No. 1 ), contending 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); and a Motion for a Temporary Restraining Order ("TRO") seeking the Court to enjoin Respondents from transferring Petitioner outside of New Jersey, from detaining Petitioner under § 1225(b)(2), and seeking Petitioner's release from detention (ECF No. 2 ). Petitioner is a citizen of Peru who entered the United States without inspection in 2022. (See ECF No. 1 .) In Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), this Court held that a similarly situated noncitizen could only be subjected to lawful, discretionary detention under 8 U.S.C. § 1226(a), which entitled him to a bond hearing. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). Accordingly, it is, ORDERED the Petition (ECF No. 1 ) is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with individualized bond hearings 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 that 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 of the date of filing of Respondents' expedited answer. It is further ORDERED that pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. Finally, it is ORDERED that Petitioner's TRO Motion (ECF No. 2 ) is GRANTED in part as Petitioner shall receive an individualized bond hearing as she is ordered detained under the discretionary authority 8 U.S.C. § 1226(a) and Respondents are temporarily enjoined from transferring them from New Jersey during the pendency of this matter. So Ordered by Judge Julien Xavier Neals on 3/3/2026. (kd) (Entered: 03/03/2026)

Mar 03, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Enter all the parties listed in the petition. Change role as appropriate (e.g. defendant to respondent) . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr)

Mar 03, 2026

QC - Attorney Case Opening

Mar 03, 2026

Text Order

Mar 03, 2026

Case Assigned/Reassigned

Mar 03, 2026

Case assigned to Judge Julien Xavier Neals. (jr)

Mar 04, 2026

Set Deadlines as to 2 MOTION for Temporary Restraining Order . Motion set for 4/6/2026 before Judge Julien Xavier Neals. 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. (lag, )

Mar 04, 2026

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

Mar 04, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Mar 04, 2026

Notice of Judicial Preferences

#4

Mar 05, 2026

NOTICE of Appearance by JESSICA L. GUARRACINO on behalf of PAM BONDI, TODD LYONS, KRISTI NOEM, ERIC ROKOSKY (GUARRACINO, JESSICA) (Entered: 03/05/2026)