District of New Jersey • 3:26-cv-03532

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Apr 02, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17270303.), filed by Carmen Rosario De Espinosa. (Attachments: # 1 Civil Cover Sheet)(DESHMUKH, AMIT) (Entered: 04/02/2026)

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Apr 02, 2026

Exhibit to 1 Petition for Writ of Habeas Corpus by Carmen Rosario De Espinosa. (DESHMUKH, AMIT)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 04/02/2026)

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Apr 02, 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 4/2/2026. (jr) (Entered: 04/02/2026)

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Apr 02, 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 requests an order to show cause ("OTSC") and a temporary restraining order ("TRO") enjoining Respondents from transferring her outside the District of New Jersey pending the resolution of the Petition, or further order of this Court. (Id. at 24). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner 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. The requests for an OTSC and TRO are DENIED as moot. According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (ECF No. 1 at 5.) Under this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 ("Mistry Jan. 28, 2026 Mem. & Order"), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, Chen, 2025 WL 3527239, at *2-4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. Specifically, it appears that, inter alia: (1) on or about November 30, 2022, Petitioner entered the United States at or near San Luis, Arizona, without being admitted or paroled by an immigration officer, an asylum officer determined that she demonstrated a credible fear of persecution or torture and vacated an expedited removal order, and Petitioner was placed into removal proceeding; (2) since 2022, Petitioner has resided continuously in the United States; (3) Petitioner has no known criminal history and is a supportive caregiver to a family that has recently lost their mother; and (4) on or about March 19, 2026, in the interior of the United States, Petitioner was detained by DHS officers (and, upon information and belief, she was detained pursuant to a Form I-200 Warrant of Arrest under § 1226(a)). (ECF No. 1 Paras. 13-22.) Based on these alleged facts, this Court's rulings in Chen, Flores, and Mistry control this present matter. Chen, 2025 WL 3527239, at *4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. 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 this Court's decisions do 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 the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (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 4/2/2026. (jmh) (Entered: 04/02/2026)

Apr 02, 2026

Text Order

Apr 02, 2026

Docket Annotation (public)

Apr 02, 2026

Case Assigned/Reassigned

Apr 02, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 02, 2026

QC - Attorney Case Opening

Apr 02, 2026

Notice of Judicial Preferences

Apr 02, 2026

4 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 4/2/2026 (jmh)

Apr 02, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Apr 02, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Petitioner, CARMEN ROSARIO DE ESPINOSA has been updated to ROSARIO DEL CARMEN CEPEDA DE ESPINOSA as found in the petition . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Apr 02, 2026

Case assigned to Judge Georgette Castner. (jr)

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Apr 10, 2026

Notice of Appearance

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Apr 10, 2026

Letter