District of New Jersey • 1:26-cv-06340

#1

May 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17481456.), filed by MARGARITA CIELO BALBUENA. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 05/30/2026)

#2

May 30, 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 5/30/2026. (jml, ) (Entered: 05/30/2026)

#3

May 30, 2026

TEXT ORDER Petitioner alleges she is unlawfully detained under 8 U.S.C. 1225 without a bond hearing. Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within five (5) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within five (5) days of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Chief Judge Renee Marie Bumb on 05/30/2026. (Costigan, Roberta) (Entered: 05/30/2026)

May 30, 2026

Order

May 30, 2026

Chief Judge Renee Marie Bumb added. (jml, )

May 30, 2026

Add and Terminate Judges

May 30, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 04, 2026

Notice of Appearance

#5

Jun 04, 2026

Letter

#6

Jun 05, 2026

Letter

#7

Jun 23, 2026

Letter

#8

Jun 25, 2026

TEXT ORDER This matter comes before the Court upon Respondent's answer, Dkt. No. 5 ("Answer") in opposition to Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241, Dkt. No. 1 ("Petitioner"), challenging her mandatory detention by immigration authorities under 8 U.S.C. 1225(b)(2) as unlawful. Respondents acknowledge Petitioner's mandatory detention relies on a statutory interpretation rejected by this Court and courts within this district under materially similar facts. (Answer at 1, n. 1.) Under this Court's decision in Marca Lemu v. Soto, No. 25-cv-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(2)), as well as other recent decisions in this District interpreting § 1225(b)(2), see e.g., Rivera Zumba v. U.S. Attorney Gen., No. 25-CV-14626(KSH), 2025 WL 2753496, at *9 (D.N.J. Sept. 26, 2025), the Court holds that Petitioner is subject to discretionary detention under § 1226(a), and her mandatory detention is unlawful. Respondents oppose Petitioner's release because Petitioner has an outstanding warrant for a shoplifting charge in 1992. (Answer at 2-3); Dkt. No. 5-1, Ex. B ("Municipal Court Case Search"). Based on her unlawful immigration detention, the Court is inclined to grant Petitioner release. However, Petitioner must address her outstanding warrant. Therefore, within five days, Petitioner's counsel shall file a status report regarding Petitioner's outstanding warrant. So Ordered by Chief Judge Renee Marie Bumb on 06/25/2026. (Costigan, Roberta) (Entered: 06/25/2026)

Jun 25, 2026

Order

#9

Jun 30, 2026

Letter

#10

Jul 23, 2026

Letter

#11

Jul 24, 2026

Letter from Respondents re Response to Petitioner Letter re Dismissal of Charges (ECF 10). (HARSCH, BRADLEY) (Entered: 07/24/2026)

#12

Jul 24, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241, challenging her mandatory detention by immigration authorities under 8 U.S.C. 1225(b)(2) as unlawful. Dkt. No. 1 ("Petition"). Respondents oppose the Petition but acknowledge that they rely on the same statutory interpretation arguments rejected by this Court and other courts within this district in factually similar cases where immigration authorities detained petitioners under 8 U.S.C. § 1225(b)(2) without a bond hearing. See, e.g., Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025); Perez v. Lyons, No. 25-17186 (ESK), 2025 WL 3238540 (D.N.J. Nov. 19, 2025); Answer at 1, n. 1. Pursuant to this Court's order to answer, Respondents also submitted that Petitioner had an outstanding warrant for failing to appear regarding a shoplifting charge in 1992. Answer at 2; Dkt. No. 5-2, Ex. B ("Municipal Court Case Search"). Petitioner has since resolved the outstanding warrant, and the shoplifting charge was dismissed. Dkt. No. 10-1 ("Certificate of Disposition"). Respondents contend that a bond hearing is the only appropriate habeas relief if the Court finds in Petitioner's favor. Dkt. No. 11 ("July 24, 2026 Response"). Pursuant to Marca Lemu v. Soto, No. 25-17098 (RMB), 2025 WL 3470298 (D.N.J. Dec. 3, 2025) and similar decisions in this District, including those cited by Respondents in their Answer, the Court holds Petitioner is unlawfully detained under Section 1225(b)(2) without a bond hearing. Habeas is a flexible remedy. Boumediene v. Bush, 553 U.S. 723, 813 (2008). Accordingly, Respondents shall release Petitioner by 5:00 p.m. on July 26, 2026, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Chief Judge Renee Marie Bumb on 07/24/2026. (Costigan, Roberta) (Entered: 07/24/2026)

Jul 24, 2026

Order

#13

Jul 27, 2026

Letter