District of New Jersey • 2:26-cv-04654

#1

Apr 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17357773.), filed by ELSIS VERONICA MATUS MONTENEGRO.(MARTINS-KRAMER, LARISSA) (Entered: 04/28/2026)

#2

Apr 28, 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 4/28/2026. (jr) (Entered: 04/28/2026)

#3

Apr 28, 2026

MOTION for Temporary Restraining Order by ELSIS VERONICA MATUS MONTENEGRO. (Attachments: # 1 Proposed Order)(MARTINS-KRAMER, LARISSA) Modified on 4/28/2026 (bt). (Entered: 04/28/2026)

#4

Apr 28, 2026

TEXT ORDER: Petitioner Elsis Veronica Matus Montenegro filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging she is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b), D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225 including 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)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within five (5) days of this order and file a written notice of Petitioner's release within 3 days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. §§ 236.1(c)(8) and (d). In addition, the Court DENIES as MOOT Petitioner's request for a temporary restraining order because the Court has enjoined Petitioner's transfer and ordered expedited resolution of his Petition. D.E. 3 . So Ordered by Judge Evelyn Padin on 4/28/2026. (bt) (Entered: 04/28/2026)

Apr 28, 2026

QC - Attorney Case Opening

Apr 28, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 28, 2026

Case Assigned/Reassigned

Apr 28, 2026

Case assigned to Judge Evelyn Padin. (jr)

Apr 28, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Nature of Suit - For alien detainees, use Nature of Suit 463. Please be advised of the requirements in Amended Standing Order 2026-02. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr)

Apr 28, 2026

Text Order

#5

May 01, 2026

Notice of Appearance

#6

May 01, 2026

Letter

May 04, 2026

Text Order