District of New Jersey • 2:26-cv-03390

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17256850.), filed by Nicole Brandy Garate Moran. (Attachments: # 1 Exhibit Exhibit, # 2 Notice of Appearance, # 3 Brief Brief, # 4 Text of Proposed Order Habeas Order, # 5 Brief Brief in Support of Order to Show Cause, # 6 Text of Proposed Order Order to Show Cause, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Certificate of Service Certificate of Service)(GARCIA, REANA) (Entered: 03/30/2026)

#2

Mar 30, 2026

Emergency MOTION for Temporary Restraining Order by Nicole Brandy Garate Moran. (Attachments: # 1 Notice of Appearance, # 2 Text of Proposed Order Habeas Order, # 3 Certificate of Service Certificate of Service)(GARCIA, REANA) (Entered: 03/30/2026)

#3

Mar 31, 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 3/31/2026. (ps) (Entered: 03/31/2026)

#4

Mar 31, 2026

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus and motion for a temporary restraining order ("TRO"). ECF Nos. 1, 2. Petitioner alleges that she is unlawfully detained under 8 U.S.C. § 1225. See ECF No. 2 13, see also ECF No. 1 33 ("Defendants have unlawfully applied provisions of the INA to Petitioner by failing to grant Petitioner a meaningful bond hearing."). Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) 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 she presents a flight risk or a danger to the community in accordance with 8 C.F.R. 236.1(c)(8) and (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. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court, except for purposes of her bond hearing and/or release from detention. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). In light of the relief provided herein, Petitioner's application for a TRO, ECF No. 2, is DENIED as moot. So Ordered by Judge Claire C. Cecchi on 3/31/2026. (jl, ) (Entered: 03/31/2026)

Mar 31, 2026

Text Order AND ~Util - Terminate Motions

Mar 31, 2026

QC - Attorney Case Opening

Mar 31, 2026

Case Assigned/Reassigned

Mar 31, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 31, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption. ALL CAPTIAL LETTER when addding the caption. Party Information. No need for addresses when entering the parties. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps)

Mar 31, 2026

Case Assigned to Judge Claire C. Cecchi. (ps)