District of New Jersey • 2:26-cv-05854

#1

May 21, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17451280.), filed by DAFNE ELIZABETH TAPIA ESTRADA. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Civil Cover Sheet, # 4 Exhibit, # 5 Exhibit)(MIRON, ALEXANDRA) (Entered: 05/21/2026)

#2

May 22, 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 5/22/2026. (ps) (Entered: 05/22/2026)

#3

May 22, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Mexico, alleges that, approximately twenty years ago, at the age of two, she entered the Untied States without inspection and, since her entry, has resided continuously in the United States with her mother. (Pet. Paras. 1, 34.). The Petition is silent regarding Petitioner's criminal history. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether she has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1-1 through 1-5), 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 Esther Salas on 5/22/2026. (tjd) (Entered: 05/22/2026)

May 22, 2026

Emergent Immigration Habeas Non-transfer Order

May 22, 2026

Case Assigned/Reassigned

May 22, 2026

Order

May 22, 2026

Case Assigned to Judge Esther Salas. (ps)

#4

May 23, 2026

Letter

#5

May 26, 2026

TEXT ORDER : This matter is before the Court on Petitioner's counsel's letter, (D.E. No. 4 ("Letter")), submitted pursuant to this Court's May 22, 2026 Text Order, (D.E. No. 3 ("May 22, 2026 Text Order")). Basedon the allegations in the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 1241, (D.E. No. 1 ), summarized in this Court's May 2026 Text Order, and this Court's recent decision inDiaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing 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);Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025);Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). In the Letter, Petitioner (through counsel) indicates that her criminal history consists of one arrest that occurred on May 19, 2026 in Red Bank, New Jersey, and resulted in charges of, "inter alia,Operating Under the Influence of Liquor, Careless Driving, Aggravated Assault on a healthcare worker, and Endanger/Neglect of minor by non-caretaker." (Letter at 1). According to Petitioner, these charges remain pending before the New Jersey Superior Court in Red Bank, the Superior Court released her on pre-trial monitoring upon concluding she is not a danger to the community or a flight risk, and Petitioner and her parents are working with criminal counsel to resolve the charges. (Id.) Given her recent arrest and pending charges, the Court concludes that,in accordance with § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner's counsel with an individualized bond hearing before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community,pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1).Respondents shall provide Petitioner notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and to reschedule the hearing without seeking this Court's intervention.Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Esther Salas on 5/26/2026. (ek) (Entered: 05/26/2026)

May 26, 2026

Text Order

#6

Jun 03, 2026

Notice of Appearance

#7

Jun 03, 2026

Letter

#8

Jun 18, 2026

Letter

#9

Jun 19, 2026

Letter