District of New Jersey • 3:26-cv-04675

#1

Apr 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17359181.), filed by KATERIN MUNOZ PEREZ. (Attachments: # 1 Civil Cover Sheet)(EPPLER, IAN) (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)

Apr 28, 2026

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

Apr 28, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 28, 2026

Case Assigned/Reassigned

Apr 28, 2026

Case assigned to Judge Georgette Castner. (jr)

Apr 28, 2026

Notice of Judicial Preferences

#3

Apr 29, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Peru, alleges that she entered the United States without inspection near Laredo, Texas, on or about November 12, 2023, and was released on her own recognizance under 8 U.S.C. § 1226. (Id. Para. 18.) Petitioner has applied for asylum and withholding of removal and has resided in the New York metropolitan area since 2024, where she is employed (with employment authorization) and has enrolled in English language classes. (Id. Paras. 19-20.) Petitioner has no criminal record in the United States. (Id. Para. 22.) On April 16, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while she was walking to class and has detained her at Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Para. 21.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla 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 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and her Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, ECF No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to her detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that she has misrepresented her criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachment to the Petition (ECF No. 1 -1), 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 4/29/2026. (jmh) (Entered: 04/29/2026)

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Apr 29, 2026

NOTICE of Appearance by ALICIA NICOLE GONZALEZ on behalf of TODD BLANCHE, WARDEN ELIZABETH CONTRACT DETENTION FACILITY, MARKWAYNE MULLIN, ARTHUR WILSON, JR. (GONZALEZ, ALICIA) (Entered: 04/29/2026)

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Apr 29, 2026

Letter

Apr 29, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 4/29/2026. (jmh)

Apr 29, 2026

1 - Terminate Deadlines AND Text Order

Apr 29, 2026

Docket Annotation (public)

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Apr 30, 2026

Order

#7

May 01, 2026

Response to Habeas Petition

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May 02, 2026

Amended Document (NOT Motion/Complaint)

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May 03, 2026

Letter

#10

May 05, 2026

Notice of Appearance

May 15, 2026

Text Order

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May 26, 2026

Letter

May 27, 2026

Order of Dismissal AND Text Order