District of New Jersey • 1:26-cv-05231

MARIN VERGARA v. MULLIN

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Case Information

Filed: May 08, 2026
Assigned to: Karen M. Williams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 28, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17403789.), filed by DIANA FERNANDA BECERRA, MARIA FABIOLA MARIN VERGARA, LIZETH XIMENA HINCAPIE BECERRA. (Attachments: # 1 Exhibit, # 2 Brief, # 3 Text of Proposed Order, # 4 Brief, # 5 Text of Proposed Order, # 6 Certification, # 7 Civil Cover Sheet Notice of Appearance)(BELLO, STEPHANIE) (Entered: 05/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 08, 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 5/8/2026. (jml, ) (Entered: 05/08/2026)
May 08, 2026
Emergent Immigration Habeas Non-transfer Order
May 08, 2026
Judge Karen M. Williams added. (jml, )
May 08, 2026
Add and Terminate Judges
#3
May 27, 2026
Letter
Main Document: Letter
#4
May 28, 2026
TEXT ORDER The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioners Diana Fernanda Becerra, Lizeth Ximena Hincapie Becerra, Maria Fabiola Marin Vergara, who are currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioners are a family unit who entered the United States without inspection on November 29, 2023 and have resided here since. Petitioners allege that on May 2, 2026, they were taken into custody by United States Immigration and Customs Enforcement pursuant to the mandatory detention provisions of 8 U.S.C. § 1225. The Court concludes that Petitioners are being unlawfully detained under 8 U.S.C. §1225 because Petitioners were apprehended inside the United States after residing here for an extended period, and therefore they should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, respondents shall RELEASE Petitioners within 24 hours under the same conditions, if any, that existed prior to their detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amaya is factually distinguishable, they shall file a response to the Petition by June 4, 2026. Petitioners may file a reply within three (3) business days after Respondents file their response. Petitioners shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on 5/28/26. (nar) (Entered: 05/28/2026)
#5
May 28, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
May 28, 2026
Letter
Main Document: Letter
May 28, 2026
Order