District of New Jersey • 2:26-cv-06509

#1

Jun 03, 2026

First PETITION for Writ of Habeas Corpus v. Benzel, et al., ( Filing fee $ 5 receipt number ANJDC-17499716.), filed by GLENDA SCARLETTE AGUINAGA TORRES. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 06/03/2026)

#2

Jun 03, 2026

First MOTION for Temporary Restraining Order v. Benzel, et al., by GLENDA SCARLETTE AGUINAGA TORRES. (DUQUE-ISERN, STEPHANIE) (Entered: 06/03/2026)

#3

Jun 03, 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 6/3/2026. (jml, ) (Entered: 06/03/2026)

Jun 03, 2026

Judge Jamel K. Semper added. (jml, )

Jun 03, 2026

Add and Terminate Judges

Jun 03, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jun 17, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Glenda Scarlette Aguinaga Torres ("Petitioner"), who is currently detained at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Nicaragua who has resided in the United States since approximately 2019. Petitioner alleges that she timely applied for asylum, and is the mother of two children, including a minor United States citizen child. Petitioner further alleges that she has been in removal proceedings before the Newark Immigration Court for several years with a hearing scheduled in 2027, and has no criminal history. Petitioner alleges that ICE detained her on or about June 2, 2026, and that she remains detained without any individualized custody determination pursuant to Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). Petitioner contends that her continued detention violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because she was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to her detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by June 24, 2026, setting forth the basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be transferred outside the District of New Jersey during the pendency of these proceedings. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order is DENIED. So Ordered by Judge Jamel K. Semper on 6/17/2026. (sms) (Entered: 06/17/2026)

#5

Jun 17, 2026

Notice of Appearance

#6

Jun 17, 2026

Letter

Jun 17, 2026

Order on Motion for TRO

#7

Jun 18, 2026

TEXT ORDER: The Court has received Respondents' June 17, 2026 letter advising that Petitioner was released from immigration detention in compliance with the Court's Text Order. (ECF No. 6.) As the relief ordered by the Court has been provided and no further proceedings are necessary, the Clerk of Court shall mark this matter CLOSED. So Ordered by Judge Jamel K. Semper on 6/18/2026. (sms) (Entered: 06/18/2026)

Jun 18, 2026

Order of Dismissal