District of New Jersey • 1:26-cv-02718

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17204579.), filed by JENNIFFER DEL CARMEN ROSARIO MONCION. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet civil cover sheet)(MINOGUE, ALEXANDRA) (Entered: 03/17/2026)

#2

Mar 17, 2026

MOTION for Temporary Restraining Order by JENNIFFER DEL CARMEN ROSARIO MONCION. (MINOGUE, ALEXANDRA) (Entered: 03/17/2026)

#3

Mar 17, 2026

TEXT ORDER Respondents are hereby enjoined from transferring Petitioner until further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 03/17/2026. (Costigan, Roberta) (Entered: 03/17/2026)

#4

Mar 17, 2026

TEXT ORDER dismissing 2 Motion for TRO This matter comes before the Court upon Petitioner Jenniffer Del Carmen Rosario Moncion's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241, Dkt. No. 1 ("Petition"), and Motion for Temporary Restraining Order, Dkt. No. 2 ("TRO Motion"). Petitioner challenges her immigration detention without a bond hearing as unlawful. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, 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 7 days. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Petitioner shall not be transferred from New Jersey during the pendency of this habeas proceeding. Petitioner's TRO motion, Dkt. No. 1-1, is DISMISSED as moot. SO ORDERED by Chief Judge Renee Marie Bumb on 03/17/2026. (Costigan, Roberta) (Entered: 03/17/2026)

Mar 17, 2026

Order

Mar 17, 2026

Case Assigned to Chief Judge Renee Marie Bumb. (mfr)

Mar 17, 2026

Order on Motion for TRO

Mar 17, 2026

Case Assigned/Reassigned

#5

Mar 23, 2026

Notice of Appearance

#6

Mar 24, 2026

Response (NOT Motion)

#7

Mar 24, 2026

Exhibit (to Document)

#8

Mar 25, 2026

Reply to Response (NOT Motion)

#9

Apr 01, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Jenniffer Del Carmen Rosario Moncion's Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241, Dkt. No. 1 ("Petition"), challenging her detention by immigration authorities under 8 U.S.C. 1225(b)(2) without a bond hearing as unlawful. Respondents filed an answer to the Petition, Dkt. No. 6 ("Answer"). Respondents do not challenge this Court's jurisdiction and do not dispute the material facts alleged in the Petition. Answer at 1-2. Respondents submit Petitioner is lawfully detained without a bond hearing as an applicant for admission under 8 U.S.C. 1225(b)(2), Answer at 2, and they rely on a statutory interpretation rejected by this Court and courts within this district. Answer at 1, n. 1 and 2-3. Under recent decisions in this District interpreting Section 1225(b)(2), see e.g., Marca Lemu v. Soto, No. 25-cv-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025); Perez v. Lyons, No. 25-cv-17186 (ESK), 2025 WL 3238540 (D.N.J. Nov. 19, 2025); Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner is unlawfully detained under Section 1225(b)(2), but may be subject to discretionary detention under Section 1226(a), which entitles her to a bond hearing. Therefore, it is ORDERED that the Petition is GRANTED. In accordance with 8 U.S.C. 1226(a), within seven days of this Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community pursuant to 8 C.F.R. 236.1(c)(8), (d)(1). Within three days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 04/01/2026. (Costigan, Roberta) (Entered: 04/01/2026)

Apr 01, 2026

Order

#10

Apr 08, 2026

Letter

#11

Apr 27, 2026

TEXT ORDER This Court granted Petitioner Jennifer Rosario Moncion's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and ordered Respondents to provide Petitioner with a bond hearing. Order, Dkt. No. 9. The Court has reviewed Respondents' status report, Dkt. No. 10, apprising the Court of the outcome of Petitioner's bond hearing. Accordingly, the Clerk shall CLOSE this matter. So Ordered by Chief Judge Renee Marie Bumb on 04/27/2026. (Costigan, Roberta) (Entered: 04/27/2026)

Apr 27, 2026

Order

Apr 27, 2026

Terminate Civil Case