District of New Jersey • 2:26-cv-04062

#1

Apr 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17318463.), filed by PAMELA ARACELLY TAPIA SOTO. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Certificate of Service)(FERNANDEZ, REGIS) (Entered: 04/16/2026)

#2

Apr 17, 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 4/17/26. (tjg, ) (Entered: 04/17/2026)

#3

Apr 17, 2026

TEXT ORDER : This matter is before the Court on 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 requests an order to show cause ("OTSC") directing Respondents to show why the Petition should not be granted and enjoining Respondents removing Petitioner from New Jersey or the United States pending adjudication of his Petition. (D.E. No. 1 -3). Chief Judge Renee Marie Bumb entered a Text Order enjoining Petitioner's transfer from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act,see28 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. Petitioner's motion for an OTSC is DENIED as moot. According to the Petition, Respondents are 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. 4). 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 in or about April 2023, after which she applied for asylum and was granted employment authorization and issued a Social Security Number; (ii) Petitioner lives in New Jersey and has strong ties with the United States, including her employment; (iii) Petitioner has no criminal history; and (iv) on April 13, 2026, while in the interior of the United States, Petitioner was detained by immigration officers at a federal building in Newark, New Jersey, "after presenting herself to inquire about her immigration case." (Pet. Paras. 12-22). Therefore, 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 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 Court shall forward a copy of the Petition (D.E. No. 1 ), the attachments to the Petition (D.E. Nos. 1 -1 through 1 -5), 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 4/17/2026. (ek) (Entered: 04/17/2026)

Apr 17, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 17, 2026

Text Order

Apr 17, 2026

Case assigned to Judge Esther Salas. (tjg, )

Apr 17, 2026

Case Assigned/Reassigned

#4

Apr 24, 2026

Notice of Appearance

#5

Apr 24, 2026

Response to Habeas Petition

#6

Apr 28, 2026

Reply to Response (NOT Motion)