District of New Jersey • 1:26-cv-04552

#1

Apr 24, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17349413.), filed by WENDY CAROLINA TAVERAS HERNANDEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit NTA)(MONTERO, FRANKLIN) (Entered: 04/24/2026)

#2

Apr 24, 2026

Emergency MOTION for Temporary Restraining Order by WENDY CAROLINA TAVERAS HERNANDEZ. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 04/24/2026)

#3

Apr 24, 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 4/24/2026. (jml, ) (Entered: 04/24/2026)

Apr 24, 2026

Add and Terminate Judges

Apr 24, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 24, 2026

Chief Judge Renee Marie Bumb added. (jml, )

#4

Apr 26, 2026

TEXT ORDER. This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus, Dkt. No. 1, ("Petition") and Motion for Temporary Restraining Order, D.E. 2 ("TRO Motion"). Petitioner challenges her immigration detention as unlawful. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to Section 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition by May 1, 2026, and Petitioner may file a reply brief within 3 days of the filing of the answer. The parties shall also address whether Petitioner's April 30, 2026 immigration hearing renders the Petition moot. Petitioner's TRO Motion, Dkt. No. 2, is DISMISSED as moot. So Ordered by Chief Judge Renee Marie Bumb on 04/26/26. (Bumb, Renee) (Entered: 04/26/2026)

Apr 26, 2026

Order

#5

Apr 29, 2026

Notice of Appearance

#6

May 01, 2026

Response to Habeas Petition

#7

May 04, 2026

Letter

#8

May 04, 2026

Extension of Time to File Response/Reply

#9

May 04, 2026

Strike

#10

May 05, 2026

TEXT ORDER granting 8 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Renee Marie Bumb on 05/05/26. (Bumb, Renee) . (Entered: 05/05/2026)

#11

May 05, 2026

Response in Opposition to Motion

May 05, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 05, 2026

Order on Motion for Extension of Time to File Response/Reply

May 05, 2026

Set Deadlines as to 9 MOTION to Strike 7 Letter. Motion set for 6/1/2026 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sms2)

#12

May 08, 2026

Brief

#13

May 13, 2026

Reply Brief to Opposition to Motion

#14

May 13, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Wendy Carolina Taveras Hernandez's Petition for Writ of Habeas Corpus (Dkt. No. 1) challenging her immigration detention pursuant to 8 U.S.C. § 1226(c) as unlawful. On May 13, 2026, Petitioner filed a Reply Brief Letter Motion (Dkt. No. 13) requesting that the Court order her immediate release from Immigration and Customs Enforcement ("ICE") detention based on Immigration Judge Leila Mullican's ("IJ Mullican") May 12, 2026, Order terminating Petitioner's removal proceedings after finding that the Government failed to meet its burden of establishing by clear and convincing evidence that Petitioner's state law conviction for possession of a controlled substance is a qualifying offense under INA § 237(a)(2)(B)(i). (Dkt. No. 13-1 at 6.) IJ Mullican ordered that "[t[he charge under INA § 212(a)(2)(A)(i)(II) is NOT SUSTAINED and [t]he case is TERMINATED WITHOUT PREJUDICE." (Id.) In light of Petitioner's Reply Brief Letter Motion and IJ Mullican's May 12, 2026, Order terminating Petitioner's case without prejudice, the Court orders Respondents to file a detention status report within two (2) days of the issuance of this Text Order. So Ordered by Chief Judge Renee Marie Bumb on 05/13/2026. (Costigan, Roberta) (Entered: 05/13/2026)

May 13, 2026

Order

#15

May 15, 2026

Letter

#16

May 15, 2026

Brief

#17

May 19, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Wendy Carolina Taveras Hernandez's Petition for Writ of Habeas Corpus (Dkt. No. 1) challenging her immigration detention pursuant to 8 U.S.C. § 1226(c) as unlawful. On May 13, 2026, the Court ordered Respondents to submit a detention status report based on the Immigration Court Order terminating Petitioner's removal proceedings. (Dkt. No. 14.) On May 15, 2026, Respondents filed a status letter informing the Court that Petitioner remains detained until June 11, 2026, while Respondents consider whether to appeal the Immigration Court's Order. (Dkt. No. 15.) Respondents further argue that if Petitioner seeks to challenge her detention, she must exhaust her administrative remedies and file a motion for a bond hearing before the Immigration Court. (Id.) In opposition, Petitioner contends that exhaustion of administrative remedies is not required here because it would be futile. (Dkt. No. 16.) After consideration of the parties' arguments, the Court finds that exhaustion would not be futile because a bond hearing pursuant to Matter of Joseph, 22 I&N Dec. 799 (BIA May 28, 1999) provides the precise relief Petitioner seeks from this Court. Accordingly, because Petitioner has an available administrative remedy of requesting a bond hearing before the Immigration Court, her request for relief remains unexhausted, and the Court therefore lacks jurisdiction to consider her claims at this juncture. See Duvall v. Elwood, 336 F.3d 228, 233 (3d Cir. 2003) (holding the District Court lacked jurisdiction to review the petitioner's habeas petition because he was obliged to return to the immigration judge in order to exhaust remedies); see also Tjoeng v. Att'y Gen. of U.S., 278 F. App'x 220, 221 (3d Cir. 2008) ("A petitioner must exhaust all administrative remedies available to him as of right before the BIA as a prerequisite to raising a claim before this Court."). So Ordered by Chief Judge Renee Marie Bumb on 05/19/2026. (Costigan, Roberta) (Entered: 05/19/2026)

May 19, 2026

Order