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

Emergent Immigration Habeas Non-transfer Order

Mar 20, 2026

Judge Georgette Castner added. (dmw)

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. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Mar 24, 2026

Notice of Judicial Preferences

#5

Mar 31, 2026

Notice of Appearance

Apr 01, 2026

CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added KATHERINE FERRARA as representing PAMELA JO BONDI, TODD M. LYONS, KRISTI NOEM, ERIK ROKOSKY and ARTHUR J. WILSON, JR., in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (kht)

Apr 01, 2026

QC - Entry of Appearance

#6

Apr 05, 2026

Letter

#7

Apr 07, 2026

Letter

#8

Apr 09, 2026

Brief

#9

Apr 17, 2026

Letter

#10

Apr 20, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's "Memorandum of Law in Support of Petitioner's Request for Release Based on a Fundamentally Unfair Bond Hearing" (Memorandum of Law) (ECF No. 8 ) and Petitioner's letter filed on April 17, 2026 ("Letter") (ECF No. 9 ). Within three (3) days of the date of entry of this Text Order, Respondents shall file a response to the Memorandum of Law and the Letter. Respondents shall submit with their response any documents reflecting the factual and/or legal bases for the IJ's decision to deny bond. Failure to comply with this Court's Text Order shall result in an order of immediate release without further notice. So Ordered by Judge Georgette Castner on 4/20/2026. (jmh) (Entered: 04/20/2026)

#11

Apr 20, 2026

Letter

Apr 20, 2026

Text Order

#12

Apr 28, 2026

TEXT ORDER: This matter comes before the Court upon "Memorandum of Law in Support of Petitioner's Request for Release Based on a Fundamentally Unfair Bond Hearing" (Memorandum of Law) filed on April 9, 2026 (ECF No. 8 ), Petitioner's letter filed on April 17, 2026 (Letter) (ECF No. 9 ), the Court's April 20, 2026 Text Order ordering Respondents to file a response to the Memorandum of Law and Letter and any documents reflecting the factual and/or legal bases for the IJ's decision to deny bond (and stating that "[f]ailure to comply with this Court's Text Order shall result in an order of immediate release without further notice" (ECF No. 10 )), and Respondents' letter response filed on April 20, 2026 (ECF No. 11 ). The Court may review whether a bond hearing was fundamentally unfair and thus violated the Due Process Clause of the Fifth Amendment. See Ghanem v. Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (not precedential). Respondents do not sufficiently answer Petitioner's specific claims challenging the fundamental fairness of the bond hearing, and they also fail to submit sufficient evidence to address Petitioner's arguments that the hearing was fundamentally unfair. See Mistry v. Rokosky, No. 25-17647, ECF No. 22 (D.N.J. Apr. 27, 2026). Based on these circumstances, the Court declines to order a second bond hearing and instead concludes that the appropriate remedy is immediate release from immigration detention. See Zheng v. Rokosky, --- F. Supp. 3d ---, No. 26-1689, 2026 WL 800203, at *8. *11 (D.N.J. Mar. 23, 2026). Within twenty-four (24) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner from immigration detention, subject to the prior terms of supervision, if any, in effect at the time Petitioner was detained, and provide written notice to the Court of Petitioner's release from custody. It is further Ordered that the Clerk's Office is directed to close this case. So Ordered by Judge Georgette Castner on April 28, 2026. (jmh) (Entered: 04/28/2026)

#13

Apr 28, 2026

Letter

Apr 28, 2026

Text Order

#14

Apr 29, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming U.S. Immigration and Customs Enforcement has "released Petitioner from its custody" and that "Petitioner was not placed on any kind of supervision." (ECF No. 13 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Orders (ECF Nos. 3 & 4 ) prohibiting Petitioner's transfer from the District of New Jersey and her removal from the United States pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 4/29/2026. (jmh) (Entered: 04/29/2026)

Apr 29, 2026

Order of Dismissal

#15

Jul 10, 2026

Attorney Fees

Jul 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jul 13, 2026

Set Deadlines as to 15 MOTION for Attorney Fees . Motion set for 8/3/2026 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)

#16

Jul 20, 2026

Letter

#17

Jul 23, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter at ECF No. 16 . Respondents ask the Court to hold Petitioner's Motion for Attorney's Fees (ECF No. 10 ) in abeyance pending the outcome of a related pending Supreme Court case. If the Court denies this request, Respondents ask the Court to grant 14 days to respond to the Motion from the time of the order denying the request. The Court hereby denies the request to hold the Motion in abeyance and grants Respondents' request for an extension to respond. See Fultz v. Waldron, Civ. No. 93-891, 1994 WL 146361, at *4 (D.N.J. Apr. 19, 1994) (ruling on an issue pending before the Supreme Court because "the Court is not constrained to... withhold a decision on the pending motion"). Respondents shall file any response to Petitioner's Motion within 14 days of this Text Order. Petitioner will have 7 days thereafter to reply. So Ordered by Judge Georgette Castner on 7/23/2026. (jmh) (Entered: 07/23/2026)

Jul 23, 2026

Text Order

#18

Aug 06, 2026

Response in Opposition to Motion

#19

Aug 13, 2026

Reply to Response to Motion