District of New Jersey • 3:26-cv-02635

#1

Mar 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17196713.), filed by AJ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Declaration of A.F., # 3 Exhibit B - SIJS DA Approval Notice)(HERR, ILANA) (Entered: 03/13/2026)

#2

Mar 13, 2026

MOTION to Seal by AJ. (Attachments: # 1 Text of Proposed Order, # 2 Brief Memorandum of Law in Support of Petitioner's Motion to Proceed Under a Pseudonym)(HERR, ILANA) (Entered: 03/13/2026)

#3

Mar 14, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/14/2026. (mfr) (Entered: 03/14/2026)

Mar 14, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 14, 2026

Case Assigned to Judge Georgette Castner. (ps)

Mar 14, 2026

Case Assigned/Reassigned

#4

Mar 16, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner also requests an order enjoining her transfer outside of the jurisdiction of the District of New Jersey, unless the Petitioner requests and is in agreement with the transfer, pending resolution of this case. (See id. at 33.) Additionally, Petitioner moves for leave to proceed under pseudonym and to file unredacted copies of filings under seal (Motion to Proceed under Pseudonym and to File Unredacted Copies of Filings under Seal). (ECF No. 2 .) Chief Judge Renee Marie Bumb has entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further order of the Court. (ECF No. 3.) Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. The Motion to Proceed under Pseudonym and to File Unredacted Copies of Filings under Seal (ECF No. 2 ) is GRANTED, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2 . Petitioner alleges she is the mother and primary caretaker of a nine-month old U.S. citizen child and is unlawfully detained by immigration authorities at Delaney Hall Detention Facility in Newark, New Jersey. (See ECF No. 1 Paras. 1-13.) Petitioner requests her immediate release from custody. (See id.) In accordance with Rule 4 of the Rules Governing 2254 Cases, applicable to § 2241 cases through Rule 1(b), this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within forty-eight (48) hours of the time of entry of this Text Order. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1), the attachments to the Petition (ECF Nos. 1-1 through 1-3), the Motion to Proceed under Pseudonym and to File Unredacted Copies of Filings under Seal (ECF Nos. 2), the attachments to the Motion (ECF Nos. 2-1 & 2-2), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 3/16/2026. (jmh) (Entered: 03/16/2026)

#5

Mar 16, 2026

Appear Pro Hac Vice

Mar 16, 2026

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

Mar 16, 2026

Text Order AND ~Util - Terminate Motions

Mar 16, 2026

Notice of Judicial Preferences

#6

Mar 17, 2026

Certificate of Service

Mar 17, 2026

Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice . Motion set for 4/20/2026 before Judge Georgette Castner. 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. (dmr3)

Mar 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#7

Mar 18, 2026

Notice of Appearance

#8

Mar 18, 2026

Response to Habeas Petition

#9

Mar 18, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) and Respondents' letter response ("Response") to the Petition (ECF No. 8 ). Respondents argue that Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) and Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 8 at 2-3.) However, in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court rejected Respondents' interpretation, id. at *2-4. Accordingly, the Court holds that Petitioner is subject to discretionary detention under 8 U.S.C. § 1226(a) (and not mandatory detention pursuant to § 1225(b)(2)). Id. Under the extraordinary circumstances present in this case, the Court further concludes that immediate release from detention constitutes an appropriate remedy. Specifically, Petitioner is a single mother and the primary caretaker of a nine-month old U.S. citizen infant son. (ECF No. 1 Paras. 1, 28, 33-34.) Furthermore, it is undisputed that, inter alia: (1) Petitioner was granted Special Immigrant Juvenile Status with Deferred Action; (2) although she had been granted Deferred Action, in 2025, Petitioner encountered U.S. Immigration and Customs Enforcement officers on the street after she had left a pregnancy-related check-up with her doctor, the officers detained and released her on the same day, requiring her to participate in an alternative-to-detention program; (3) Petitioner has complied with the reporting requirements imposed as part of the alternative-to-detention program, and, although she previously was accused of shoplifting prior to her detention and release on supervision in 2025, the charges have either been dismissed or are scheduled to be dismissed (and Respondents do not mention any criminal charges in their Response); and (4) Petitioner's Deferred Action status was terminated on March 16, 2026, days after she was arrested and detained and filed a Petition, but on the same date that the Court ordered Respondents to file an answer to the Petition. (Id. Paras. 1, 28, 30-31, 35-36; ECF No. 8 at 2.) The Petition (ECF No. 1 ) is GRANTED. Within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner from immigration detention, subject to the same conditions, if any, that existed prior to her detention, and provide written notice to the Court of Petitioner's release from custody. So Ordered by Judge Georgette Castner on 3/18/2026. (jmh) (Entered: 03/18/2026)

Mar 18, 2026

Text Order

#10

Mar 19, 2026

Status Report

#11

Mar 20, 2026

TEXT ORDER: This matter comes before the Court upon Respondents' letter. (ECF No. 10 .) On March 18, 2026, the Court ordered that Respondents release Petitioner from immigration detention within twenty-four (24) hours, subject to the same conditions, if any, that existed prior to her detention, and provide written notice to the Court of Petitioner's release from custody. (ECF No. 9 .) On March 19, 2026, Respondents provided such notice, and Petitioner is now released subject to the same conditions that existed prior to her detention. (ECF No. 10 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey and her removal from the United States pending further order of this Court. Petitioner's Motion for Leave to Appear Pro Hac Vice (ECF No. 5 ) is DENIED as moot. The Clerk's Office shall TERMINATE the Motion pending at ECF No. 5 and CLOSE this matter. So Ordered by Judge Georgette Castner on 03/20/2026. (jmh) (Entered: 03/20/2026)

Mar 20, 2026

Order of Dismissal AND ~Util - Terminate Motions