District of New Jersey • 2:26-cv-02882

NAZARE DA SILVA CHAVES v. SOTO

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Case Information

Filed: March 20, 2026
Assigned to: Jamel K. Semper
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 01, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 20, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17218621.), filed by MARIA NAZARE DA SILVA CHAVES. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 03/20/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Mar 20, 2026
MOTION for Temporary Restraining Order by MARIA NAZARE DA SILVA CHAVES. (MINOGUE, ALEXANDRA) (Entered: 03/20/2026)
Main Document: Temporary Restraining Order
#3
Mar 20, 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 3/20/26. (tjg, ) (Entered: 03/20/2026)
Mar 20, 2026
Emergent Immigration Habeas Non-transfer Order
Mar 20, 2026
Case assigned to Judge Jamel K. Semper. (tjg, )
Mar 20, 2026
Case Assigned/Reassigned
#4
Mar 23, 2026
Letter
Main Document: Letter
#5
Mar 26, 2026
TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Maria Nazare da Silva Chaves, who is presently detained at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) Petitioner, a citizen of Brazil, was detained by U.S. Immigration and Customs Enforcement on March 19, 2026, following a routine check-in. She alleges that she entered the United States without inspection in 2021, and has continuously resided here since. Petitioner asserts that she is unlawfully detained pursuant to 8 U.S.C. § 1225(b), and that her continued detention violates the Due Process Clause of the Fifth Amendment. (Id.) Petitioner also alleges experiencing severe headaches, vomiting, and a fainting incident with resulting head injury during intake. (ECF No. 4.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before April 1, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of this Order and the Petition upon Respondents within two (2) business days of the entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 3/26/2026. (sms) (Entered: 03/26/2026)
Mar 26, 2026
Order to Answer
#6
Mar 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Mar 27, 2026
Certificate of Service
Main Document: Certificate of Service
#8
Mar 31, 2026
Letter
Main Document: Letter
#9
Apr 01, 2026
TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus (ECF No. 1), the Motion for Temporary Restraining Order (ECF No. 2), and Petitioner's March 31, 2026 letter submission (ECF No. 8). Petitioner, a civil immigration detainee, alleges that following transfer she has been denied access to prescribed hormone replacement therapy medication necessary to treat her documented thyroidectomy as a result of thyroid cancer. Petitioner also alleges experiencing acute symptoms including fever, inability to urinate, and significant pain. (Id.) Civil detention must comport with the Due Process Clause, and detainees are entitled to constitutionally adequate medical care. See Diop v. ICE/Homeland Security, 656 F.3d 221 (3d Cir. 2011); Estelle v. Gamble, 429 U.S. 97 (1976). On the present record, the Court finds that Petitioner has demonstrated a likelihood of success on the merits and a clear showing of irreparable harm, as the risk of systemic infection, organ failure, or sepsis cannot be remedied after the fact. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008). Accordingly, IT IS on this 1st day of April, 2026, ORDERED that Petitioner's Motion (ECF No. 2) is GRANTED to the extent it seeks immediate release. Respondents shall IMMEDIATELY RELEASE Petitioner. Within 72 hours of this Order, Respondents shall file a letter on the docket confirming the date and time of Petitioner's release. Respondents are ENJOINED from rearresting or otherwise detaining Petitioner under 8 U.S.C. § 1225 absent changed circumstances, as the Court finds it is inapplicable to her. A formal Opinion will follow. So Ordered by Judge Jamel K. Semper on 4/1/2026. (sms) (Entered: 04/01/2026)
#10
Apr 01, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#11
Apr 01, 2026
Letter
Main Document: Letter
Apr 01, 2026
Text Order