District of New Jersey • 3:26-cv-02439

#1

Mar 10, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17176709.), filed by BRENDA I AGUILAR ABREGO. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 03/10/2026)

Mar 10, 2026

Judge Robert Kirsch added. (jjc, )

Mar 10, 2026

Notice of Judicial Preferences

Mar 10, 2026

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

Mar 10, 2026

Add and Terminate Judges

#2

Mar 12, 2026

Order to Answer

#3

Mar 13, 2026

Status Report

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Mar 16, 2026

Notice of Appearance

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Mar 18, 2026

Response to Habeas Petition

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Apr 07, 2026

Reply to Response (NOT Motion)

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Apr 09, 2026

Exhibit (to Document)

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Apr 14, 2026

Letter

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Apr 21, 2026

Letter

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Apr 28, 2026

TEXT ORDER: Petitioner BRENDA I. AGUILAR ABREGO is a citizen of El Salvador with no criminal history who entered the United States without inspection in 2021. (ECF No. 1, Petition at 27-29, ECF No. 5, Answer at 2.) She has filed a habeas Petition pursuant to 28 U.S.C. § 2241 challenging her detention without bond by immigration authorities who are purportedly detaining her under 8 U.S.C. § 1225(b)(2). It appears undisputed that Petitioner is the sponsor and sole caretaker of two minor children who have Special Juvenile Status. (See ECF Nos. 6 - 7 .) She was arrested by Immigration and Customs Enforcement ("ICE") on February 26, 2026, received emergency medical treatment for injuries she claims to have sustained during her arrest, and was transferred from Delaney Hall in this District to Caroline Detention Facility in Bowling Green, Virginia. (See ECF Nos. 5 - 6 .) This Court temporarily stayed her transfer from that facility. (ECF No. 2 - 3 .) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court found that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a). Courts in this District have ordered the release of petitioners who are sole caretakers of minor children or where the circumstances otherwise warrant release as a remedy. See e.g., Morales v. Bondi, No. 26-2601 (EP), 2026 WL 777680, at *1-2 (D.N.J., 2026) (ordering release of petitioner who was sole caretaker of 12 year old child); Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496, at *10-11 (D.N.J. Sept. 26, 2025) (ordering release of petitioner who was moved out of the District after she sought a bond hearing). Having reviewed the record and relevant exhibits, this Court finds that release is the appropriate remedy here. The Court GRANTS the habeas Petition (ECF No. 1 ) and directs Respondents to release Petitioner from detention within 24 hours. Respondents shall file a letter on the docket within 48 hours confirming the date and time of her release and requesting the closure of this case. Considering the relief provided, the Court declines to address Petitioner's claims of Fourth Amendment violations in connection with her arrest. So Ordered by Judge Robert Kirsch on 04/28/2026. (pdm) (Entered: 04/28/2026)

Apr 28, 2026

Text Order

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Apr 30, 2026

Status Report

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Apr 30, 2026

Order of Dismissal