District of New Jersey • 3:26-cv-05897

#1

May 22, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17454892.), filed by SARA SUAREZ MORENO. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement, # 3 Exhibit)(MONTERO, FRANKLIN) (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 Judge Georgette Castner on 5/22/2026. (mfr) (Entered: 05/22/2026)

May 22, 2026

Emergent Immigration Habeas Non-transfer Order

May 22, 2026

Case Assigned to Judge Georgette Castner. (mfr)

May 22, 2026

Case Assigned/Reassigned

#3

May 26, 2026

Expedite

#4

May 26, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Colombia, alleges that she entered the United States at or near an unspecified port of entry on or about an unspecified date, was served a Notice to Appear, and was released on her recognizance pursuant to 8 U.S.C. § 1226. (Id. Para. 17.) Petitioner has a pending application for asylum, withholding of removal, and relief under the Convention Against Torture. (Id. Para. 2.) Petitioner has fully complied with all release conditions, maintained steady employment, and "has no criminal history whatsoever--no arrests, charges, convictions, or sentences in any jurisdiction." (Id. Paras. 17, 19.) On April 18, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner while she was traveling to her place of employment and have detained her at Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (Id. Para. 20.) Following her arrest, Petitioner sought legal assistance and was approached by an individual who held himself or herself out as a qualified legal professional capable of filing court documents, but this individual was "a 'notario'--an unauthorized practitioner with no license to practice law in any state and no authority to appear before any federal court or DHS." (Id. Para. 12; see also id. Para. 14 (alleging that notario fraud is pervasive in immigration communities).) On April 23, 2026, the "notario" filed a pro se habeas petition and an ex parte application for a temporary restraining order on Petitioner's behalf (Civ. No. 26-4494-MCA), but this prior petition was legally and factually deficient. (Id. Para. 13.) Counsel was retained and filed the present Petition and a notice of voluntary dismissal in Civ. No. 26-44494-MCA. (Id. Para. 15.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "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.'" Alvarez Hererra v. Soto, No. 26-2482, ECF No. 6 (D.N.J. Apr. 22, 2026) (quoting 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))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to her detention. Within twenty-four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented her criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's Emergency Motion to Expedite Review (Emergency Motion) (ECF No. 3 ) is DENIED as moot, and the Clerk of the Court shall terminate the Motion pending at ECF No. 3. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3), the Emergency Motion (ECF No. 3 ), 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 Georgette Castner on 5/26/2026. (jmh) (Entered: 05/26/2026)

May 26, 2026

Set Deadlines as to 3 EMERGENCY MOTION to Expedite Review. Motion set for 7/6/2026 before Judge Georgette Castner. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj)

May 26, 2026

QC - Document Not Signed by Attorney

May 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings

May 26, 2026

Text Order AND ~Util - Terminate Motions

May 26, 2026

Docket Annotation (public)

May 26, 2026

4 Text Order and ECF Nos. 1 and 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/26/2026. (jmh)

May 26, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 3 EMERGENCY MOTION to Expedite Review submitted by SARA SUAREZ MORENO on 5/26/2026 did not contain a signature. This submission will remain on the docket unless otherwise ordered by the court. (mj)

#5

May 27, 2026

Notice of Appearance

#6

May 27, 2026

Letter

May 31, 2026

Notice of Judicial Preferences

May 31, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

#7

Jun 05, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner. (ECF No. 6 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/5/2026. (jmh) (Entered: 06/05/2026)

Jun 05, 2026

Order of Dismissal AND Text Order