District of New Jersey • 2:26-cv-02422

#1

Mar 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17175981.), filed by ROCIO ALVAREZ GOMEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(MONTERO, FRANKLIN) (Entered: 03/09/2026)

#2

Mar 09, 2026

Emergency MOTION for Temporary Restraining Order by ROCIO ALVAREZ GOMEZ. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 03/09/2026)

#3

Mar 09, 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 3/9/2026. (dmw) (Entered: 03/09/2026)

Mar 09, 2026

Judge Esther Salas added. (dmw)

Mar 09, 2026

Add and Terminate Judges

Mar 09, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Mar 10, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.)). Petitioner also has filed a motion for a temporary restraining order ("TRO") to enjoin her transfer outside of the District of New Jersey pending resolution of her Petition. (D.E. No. 2 ("Motion for TRO")). Chief Judge Renee Marie Bumb has entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. 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 for TRO is DENIED as moot. The Clerk of Court shall terminate the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Para. 28). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (i) Petitioner entered the United States at the El Paso Del Norte Port of Entry in El Paso, Texas, on or about February 17, 2024, and was paroled into the United States; (ii) since February 2024, Petitioner has continuously resided in New Jersey, with her husband and two children; (iii) Petitioner has no criminal record, has maintained continuous employment, and has filed federal, state, and local tax returns; (iv) Petitioner, on her own behalf and on behalf of other family members, has filed a pending application for asylum and withholding of removal; and (v) on or about March 5, 2026, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement officers at or near her New Jersey residence. (Pet. Paras. 18-26). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, at *4. 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 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 (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 Diaz Rudecindo does not control, 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 Court shall forward a copy of the Petition (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 & 1 -2), the Motion for TRO (D.E. No. 2 ), the attachment to the Motion for TRO (D.E. No. 2 -1), 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 Esther Salas on 3/10/2026. (ek) (Entered: 03/10/2026)

Mar 10, 2026

Text Order

#5

Mar 11, 2026

Notice of Appearance

#6

Mar 19, 2026

Letter