District of New Jersey • 2:26-cv-03613

#1

Apr 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17277858.), filed by Wendy Carolina Rivera Baez. (Attachments: # 1 Civil Cover Sheet)(EPPLER, IAN) (Entered: 04/06/2026)

#2

Apr 06, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Wendy Carolina Rivera Baez. (Attachments: # 1 Memorandum Memorandum of Law, # 2 Text of Proposed Order Proposed Order)(EPPLER, IAN) (Entered: 04/06/2026)

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Apr 06, 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 4/6/2026. (mfr) (Entered: 04/06/2026)

Apr 06, 2026

Case Assigned to Judge Brian R. Martinotti. (mfr)

Apr 06, 2026

Case Assigned/Reassigned

Apr 06, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Apr 07, 2026

Letter from Petitioner re: risk of unlawful transfer. (EPPLER, IAN) (Entered: 04/07/2026)

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Apr 07, 2026

TEXT ORDER: Before the Court is Petitioner Wendy Carolina Rivera Baez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Petitioner, a native of Dominican Republic, entered the United States without inspection in 2024 and was released on her own recognizance under 8 U.S.C. 1226(a) after being initially detained. (See generally id.) Petitioner contends that she is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See id.) Based on this Court's statutory interpretation in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as she has resided in the United States for several years after entry without admission or parole, and her continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained her under § 1225(b)(2) and have still failed to provide Petitioner with the individualized bond hearing that she is entitled to. The Court will no longer correct Respondents' unlawful application of § 1225(b)(2) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting Petitioner's habeas petition and ordering Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to her detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(2) which the Court has found in inapplicable to her. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Sandhu, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 04/07/2026. (lr, ) (Entered: 04/07/2026)

#6

Apr 07, 2026

Notice of Appearance

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Apr 07, 2026

Letter

Apr 07, 2026

Text Order