District of New Jersey • 2:26-cv-05471

#1

May 14, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17422592.), filed by EMELIN VALENCIA TORRES. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(MONTERO, FRANKLIN) (Entered: 05/14/2026)

#2

May 14, 2026

Emergency MOTION for Temporary Restraining Order by EMELIN VALENCIA TORRES. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 05/14/2026)

#3

May 14, 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 5/14/2026. (LM, ) (Entered: 05/14/2026)

May 14, 2026

Emergent Immigration Habeas Non-transfer Order

May 14, 2026

Case Assigned/Reassigned

May 14, 2026

Case assigned to Judge Madeline Cox Arleo. (LM, )

#4

May 18, 2026

TEXT ORDER - Petitioner, a citizen of Columbia, alleges that she entered the United States on December 12, 2023, with her mother, was released on recognizance, and subsequently applied for asylum. (ECF No. 1, Petition at 15-18.) Petitioner alleges that her asylum case is still pending and that she has no criminal history whatsoever. (Id. at 18-22.) She has filed a habeas petition under 28 U.S.C. § 2241 challenging her detention without bond since May 13, 2026. (Id. at 23-24.) Petitioner's alleged circumstances appear similar to those of the petitioner in Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released rather than paroled from detention following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a)). The Court finds this reasoning persuasive and holds that Petitioner is unlawfully detained under § 1225(b) in violation of the INA and her Fifth Amendment right to due process. 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." 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).) Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable or that Petitioner has a significant criminal history, they shall file an expedited answer within three days. If Respondents do not file an expedited answer, they shall file a status report within three days confirming Petitioner's release and requesting to close this case. The Clerk of the Court shall terminate the TRO Motion at ECF No. 2 considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 5/18/2026. (aa, ) (Entered: 05/18/2026)

May 18, 2026

Order

#5

May 19, 2026

Notice of Appearance

#6

May 20, 2026

Letter

#7

May 22, 2026

Order of Dismissal