District of New Jersey • 3:26-cv-02927

#1

Mar 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17222150.), filed by CRISTINA GELY FERREIRA DA COSTA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 03/20/2026)

#2

Mar 20, 2026

MOTION for Temporary Restraining Order by CRISTINA GELY FERREIRA DA COSTA. (MINOGUE, ALEXANDRA) (Entered: 03/20/2026)

#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 3/20/2026. (dmw) (Entered: 03/20/2026)

Mar 20, 2026

Judge Georgette Castner added. (dmw)

Mar 20, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 20, 2026

Add and Terminate Judges

#4

Mar 23, 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 has filed a motion for a temporary restraining order ("TRO") (Motion for TRO): (1) enjoining Respondents from transferring Petitioner out of this District during the pendency of this action; (2) ordering her immediate release or, in the alternative, providing her with a prompt and constitutionally compliant bond hearing; and (3) enjoining Respondents from effectuating her removal or re-detention absent lawful authority and full compliance with due process. (ECF No. 2 .) Chief Judge Renee Marie Bumb entered a Text Order enjoining Petitioner's transfer 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. To the extent Petitioner requests a TRO ordering Respondents to release her from detention and to enjoin Respondents from effectuating her removal or re-detaining her absent lawful authority and full compliance with due process, the Motion for TRO is DENIED without prejudice. See Sira v. Bondi, No. 26-667, 2026 WL 189875, at *1 (D.N.J. Jan. 23, 2026) ("[A] TRO may be entered ex parte, but only if the safeguards of Rule 65(b) of the Federal Rules of Civil Procedure are met.'"); Westchester Fire Ins. Co. v. Glob. Real Constr., LLC, No. 09-0207, 2009 WL 137414, at *1 (D.N.J. Jan. 20, 2009) (stating that injunctive relief is an extraordinary remedy that should be granted only in limited circumstances). To the extent Petitioner requests a TRO ordering Respondents to provide her with a bond hearing and enjoining her transfer, the Motion for TRO is DENIED as moot. The Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. Based on the Petition, the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond. Specifically, it appears that, inter alia: (1) in 2021, Petitioner entered the United States lawfully on a B-2 visitor visa, and she has continuously resided in this country since her entry; and (2) apart from a recent arrest and dismissed criminal matter arising out of a domestic incident, Petitioner has no criminal history. (ECF No. 1 Paras. 20-21, 23-24); see also De Sousa v. Soto, No. 25-18734, 2026 WL 102946, at *2 (D.N.J. Jan. 14, 2026) (stating that it was undisputed that petitioner who overstayed his B-2 visa was detained under "§ 1226(a)'s discretionary authority" (citation omitted)); M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *1 (D.N.J. Dec. 19, 2025) ("Petitioner avers that he has resided in the United States for nearly two decades, originally entering the country on a student visa, and has 'never been arrested or charged with any crimes.' These facts, which the Court credits in the absence of any contrary evidence, shows that Petitioner may only be detained under 8 U.S.C. § 1226(a)." (emphasis added) (footnote omitted) (citation omitted)). In accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an IJ 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). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. 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 Petitioner is not subject to detention under § 1226(a), they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Finally, 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 for TRO (ECF No. 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 3/23/2026. (kas) (Entered: 03/23/2026)

Mar 23, 2026

Order on Motion for TRO

Mar 24, 2026

Notice of Judicial Preferences