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

MARIN VERGARA v. MULLIN

Completed

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
Completed: June 12, 2026
Last Activity: June 17, 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
Judge Karen M. Williams added. (jml, )
May 08, 2026
Emergent Immigration Habeas Non-transfer Order
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
#7
Jun 04, 2026
Letter
Main Document: Letter
#8
Jun 10, 2026
TEXT ORDER - : The Court has received Petitioners' correspondence regarding the return of personal property allegedly retained following their release from custody. (ECF No. 7.) The Court construes the letter as a request for status and limited relief concerning the return of certain personal documents, including passports, a Social Security card, and an Employment Authorization Document. Accordingly, it is ORDERED that Respondents shall, within seven (7) days of the entry of this Order, file a letter advising the Court whether the referenced documents remain in the possession, custody, or control of any Respondent or federal agency involved in Petitioners' detention or release process, and, if so, what steps have been taken or will be taken to return such items to Petitioners. If Respondents contend that the documents have already been returned, their submission shall identify, to the extent known, the date and manner of return. Petitioners may file a reply, if any, within seven (7) days after service of Respondents' submission. So Ordered by Judge Karen M. Williams on June 10, 2026. (Williams, Karen) (Entered: 06/10/2026)
#9
Jun 10, 2026
Letter
Main Document: Letter
#10
Jun 10, 2026
Letter
Main Document: Letter
Jun 10, 2026
Text Order
#11
Jun 12, 2026
TEXT ORDER - The Court having reviewed Respondents' June 10, 2026 submission concerning Petitioners' personal property (ECF No. 10), and it appearing that Petitioners have already obtained the habeas relief sought through their release from custody pursuant to the Court's May 28, 2026 Order (ECF No. 4), it is ORDERED that the Petition is DISMISSED AS MOOT; and it is further ORDERED that the Clerk shall mark this matter CLOSED. So Ordered by Judge Karen M. Williams on June 12, 2026. (Williams, Karen) (Entered: 06/12/2026)
Jun 12, 2026
Text Order
Jun 12, 2026
***Civil Case Terminated. (jjc, )
Jun 17, 2026
Terminate Civil Case