District of New Jersey • 2:26-cv-05874

#1

May 22, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17453408.), filed by YOLANDA DE LA CRUZ ACEVEDO. (Attachments: # 1 Civil Cover Sheet JS44 CIVIL COVER SHEET, # 2 Text of Proposed Order PROPOSED ORDER TO SHOW CAUSE, # 3 Text of Proposed Order PROPOSED HABEAS ORDER)(SANTANA, JOSE) (Entered: 05/22/2026)

#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. (mfr) (Entered: 05/22/2026)

May 22, 2026

Emergent Immigration Habeas Non-transfer Order

May 22, 2026

Case Assigned/Reassigned

May 22, 2026

Case Assigned to Judge Julien Xavier Neals. (mfr)

#3

May 28, 2026

Order to Answer

#4

Jun 01, 2026

Notice of Appearance

#5

Jun 03, 2026

Response (NOT Motion)

#6

Jun 06, 2026

Response (NOT Motion)

#7

Jun 17, 2026

TEXT ORDER - Before the Court is Petitioner Yolanda De La Cruz Acevedo's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner, a native of Dominican Republic, who entered the United States in December 2022 and was subsequently paroled into the United States, contends that she is unlawfully detained under 8 U.S.C. § 1225(b)(2) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Respondents filed an answer arguing the Petitioner is lawfully detained under § 1225(b)(2). (ECF No. 5 .) Based on this Court's statutory interpretation in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(2) as she has resided in the United States for several years after entry, and her continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained her under § 1225(b) and have still failed to provide Petitioner with the individualized bond hearing that she is entitled to. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to her. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 6/17/2026. (kd) (Entered: 06/17/2026)

Jun 17, 2026

Text Order

Jun 17, 2026

Terminate Civil Case

Jun 17, 2026

***Civil Case Terminated. (wh)

#8

Jun 18, 2026

Letter