District of New Jersey • 1:26-cv-06636

#1

Jun 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17511269.), filed by MARIA ELENA ORDONEZ MANOSALVA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit STATEMENT, # 3 Exhibit NTA, # 4 Exhibit I-830, # 5 Exhibit, # 6 Exhibit, # 7 Text of Proposed Order, # 8 Index, # 9 Exhibit, # 10 Exhibit)(MONTERO, FRANKLIN) (Entered: 06/06/2026)

#2

Jun 06, 2026

Emergency MOTION for Temporary Restraining Order by MARIA ELENA ORDONEZ MANOSALVA. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 06/06/2026)

#3

Jun 07, 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 6/7/2026. (jml, ) (Entered: 06/07/2026)

#4

Jun 07, 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 seven (7) 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 is subject to detention under Section 1226(a). Therefore, in accordance with 8 U.S.C. 1226(a), within seven (7) days of the date of entry of this Text Order, in lieu of an expedited answer, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. Section 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 06/07/26. (Bumb, Renee) (Entered: 06/07/2026)

Jun 07, 2026

Add and Terminate Judges

Jun 07, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 07, 2026

Order

Jun 07, 2026

Chief Judge Renee Marie Bumb added. (jml, )

#5

Jun 15, 2026

Response to Habeas Petition

#6

Jun 19, 2026

Brief

#7

Jun 24, 2026

Letter

#8

Jun 25, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, Dkt. No. 1 ("Petition"), challenging his detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful. Respondents filed an answer to the Petition. Dkt. No. 5 ("Answer") Respondents do not challenge this Court's jurisdiction and do not dispute the material facts alleged in the Petition. (Answer at 3.) Respondents submit Petitioner is lawfully detained as an applicant for admission without a bond hearing under 8 U.S.C. § 1225(b)(2), and in the absence of Third Circuit precedent, they rely on a statutory interpretation rejected by this Court and courts within this district. (Answer at 1, n. 1.) Respondents further submit that Petitioner violated parole conditions by failing to report on March 21, 2025, to CART, the Compliance Assistance Reporting Terminal, an automated check-in system. (Answer at 3; Dkt. No. 5-1, Ex. B ("May 31, 2026 I-213"). Petitioner replied that he was released on his own recognizance, not released based on humanitarian parole under 8 U.S.C. 1182(d)(5)(A); therefore, he is not subject to mandatory detention under Section 1225(b)(1) or (2). Dkt. No. 6 ("Reply"). Petitioner's May 31, 2026 I-213 at 2 confirms he was released on his own recognizance, not paroled upon entry. 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 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), which entitles him to a bond hearing. Therefore, it is ORDERED that the Petition (Dkt. No. 1) is GRANTED. In accordance with 8 U.S.C. § 1226(a), within seven days of this Order, Respondents shall provide Petitioner 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). Within three days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Chief Judge Renee Marie Bumb on 06/25/2026. (Costigan, Roberta) (Entered: 06/25/2026)

Jun 25, 2026

Order