District of New Jersey • 2:26-cv-06668

#1

Jun 08, 2026

First PETITION for Writ of Habeas Corpus v. Benzel, et al., ( Filing fee $ 5 receipt number ANJDC-17514696.), filed by MAGNOLIA DEL PILAR ARCOS SOLIS. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Entered: 06/08/2026)

#2

Jun 08, 2026

First MOTION for Temporary Restraining Order v. Benzel, et al., by MAGNOLIA DEL PILAR ARCOS SOLIS. (DUQUE-ISERN, STEPHANIE) (Entered: 06/08/2026)

#3

Jun 08, 2026

TEXT ORDER: The Petitioner shall not be removed from New Jersey or the United States. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). A declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on June 9. The first declaration must be executed by either the United States Attorney for the District of New Jersey or Chief of the Civil Division for this District. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. The United States Attorney's Office shall also immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. The Respondents shall file an answer to the Petition on or before June 11 at noon. So Ordered by Judge Michael E. Farbiarz on 6/8/26. (ro, ) (Entered: 06/08/2026)

#4

Jun 08, 2026

DECLARATION of Civil Chief re 3 Emergent Immigration Habeas Non-transfer Order,,,,,, by JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (BASIAK, JOHN) (Entered: 06/08/2026)

#5

Jun 08, 2026

DECLARATION of Deputy Field Office Director re 3 Emergent Immigration Habeas Non-transfer Order,,,,,, by JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS. (CROSBY, JOHN) (Entered: 06/08/2026)

Jun 08, 2026

Case Assigned/Reassigned

Jun 08, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 08, 2026

Case Assigned to Judge Michael E. Farbiarz. (ps)

#6

Jun 10, 2026

Notice of Appearance

#7

Jun 11, 2026

Letter

#8

Jun 11, 2026

Letter

#9

Jun 15, 2026

TEXT ORDER: The Petitioner was detained by federal immigration officials approximately 20 years after she was ordered removed. See Petition for a Writ of Habeas Corpus ("Petition") (ECF 1) 19-21. Under these circumstances, 8 U.S.C. § 1231 does not provide a "free-roaming right to arrest and detain people any time [the federal government] sees fit." Diallo v. Joyce, 817 F. Supp. 3d 202, 205 (S.D.N.Y. 2025); see also De Aguiar v. Rokosky, 2026 WL 1123571, at *1-2 (D.N.J. Apr. 17, 2026). Section 1231 therefore "does not supply a basis for the Petitioner's current detention, [s]o the authority for that detention, if it exists, must derive from 8 U.S.C. § 1226." De Aguiar, 2026 WL 1123571, at *2. A bond hearing shall be conducted on or before June 18 at 5:00pm, unless by June 17 at noon, the Respondents file a letter indicating that the Petitioner has asked to adjourn the bond hearing. The Respondents shall file a status update letter on or before June 22 at noon. The United States Attorney's Office shall immediately file a letter on the Court's public docket if this Order is violated. So Ordered by Judge Michael E. Farbiarz on 6/15/26. (ro, ) (Entered: 06/15/2026)

Jun 15, 2026

Text Order

#10

Jun 22, 2026

Letter

#11

Jun 22, 2026

Letter

Jun 23, 2026

Text Order

#12

Jun 24, 2026

Letter

#13

Jun 25, 2026

TEXT ORDER: The Respondents shall file a short letter brief in response to the filing at ECF 12 on or before June 30 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 6/25/26. (ro, ) (Entered: 06/25/2026)

Jun 25, 2026

Text Order

#14

Jun 30, 2026

Letter

Jul 02, 2026

Text Order

#16

Jul 08, 2026

Letter

#17

Jul 10, 2026

TEXT ORDER: The Court has reviewed the immigration-court transcript submitted by the Respondents as an attachment to ECF 16 . It reveals no fundamental unfairness. The Petitioner appeared, represented by a lawyer. The Petitioner's lawyer was given an opportunity to develop her argument; the immigration judge interjected a follow-on question (as to home ownership, likely one of the stronger risk-of-flight considerations here), and the immigration judge explained the basis of his ruling, and as part of doing so described his willingness to revisit the bond question depending on the outcome of any challenge to the 2005 order of removal in absentia. There was nothing fundamentally unfair in this. The Petition is dismissed and this case shall be closed. Signed by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)

Jul 10, 2026

Order of Dismissal