District of New Jersey • 2:26-cv-07236

#1

Jun 17, 2026

PETITION for Writ of Habeas Corpus, filed by NANCY LUCIA PULAMARIN IGUAGO. (Received via ADS) (Attachments: # 1 Exhibits)(pm, ) Modified on 6/17/2026 (pm, ). (Entered: 06/17/2026)

#2

Jun 17, 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 6/17/2026. (pm, ) (Entered: 06/17/2026)

#3

Jun 17, 2026

NOTICE of Appearance by JACOB HERIC on behalf of WILLIAM JOYCE, TODD M. LYONS, KRISTI NOEM, WARDEN DELANEY HALL DETENTION FACILITY (HERIC, JACOB) (Entered: 06/17/2026)

#4

Jun 17, 2026

Letter from Respondents Regarding Petitioner's Location. (HERIC, JACOB) (Entered: 06/17/2026)

Jun 17, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jun 18, 2026

TEXT ORDER : The Court is in receipt of Respondents' letter dated 6/17/26. (D.E. No. 4 ). By 5:00 p.m. on 6/18/26, Respondents shall file a letter providing the Court with an update concerning the circumstances of Petitioner's transfer. So Ordered by Judge Esther Salas on 6/18/2026. (ek) (Entered: 06/18/2026)

#6

Jun 18, 2026

NOTICE of Appearance by KEVIN JAMES MAGGIO on behalf of WILLIAM JOYCE, TODD M. LYONS, KRISTI NOEM, WARDEN DELANEY HALL DETENTION FACILITY (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 06/18/2026)

#7

Jun 18, 2026

Letter from Respondents re: Petitioner's Transfer Outside of New Jersey. (Attachments: # 1 Certificate of Service)(MAGGIO, KEVIN) (Entered: 06/18/2026)

#8

Jun 18, 2026

TEXT ORDER : This matter is before the Court on the pro se Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 at 2-9 ("Petition" or "Pet.")), memorandum of law, (D.E. No. 1 at 10-12), emergency motion for a temporary restraining order and preliminary injunction, (D.E. 1 at 13-16 ("Motion for TRO"), motion to proceed in forma pauperis and supporting application, (D.E. No. 1 at 17-20 ("Application to Proceed IFP"), and attached exhibits, (D.E. No. 1 -1 ("Exhibits")). The Application to Proceed IFP is GRANTED. Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). The Court understands that Respondents erroneously transferred Petitioner to Louisiana in violation of that Order. (See D.E. No. 7 ). Respondents shall return Petitioner to New Jersey on June 21, 2026, as specified in their June 18, 2026 letter. (Id.). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT THEREAFTER TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Ecuador, alleges that she entered the United States, was placed in removal proceedings, and was charged with being present in the United States without being admitted or paroled. (Pet. Section III, Para. 1, Section IV, Paras. 1-2). According to the attached Exhibits, Petitioner arrived in the United States at or near San Ysidro, California, on or about April 24, 2024 without being admitted or paroled after inspection, and she was subsequently released on her own recognizance under 8 U.S.C. § 1226 on April 25, 2024. (Exhibits at 2-3). Petitioner has filed for asylum, withholding of removal, and protection under the Convention Against Torture and has complied with her "immigration obligations." (Pet. Section IV, Paras. 3, 7). "Petitioner has no criminal record." (Id. Section IV, Para. 6). She was arrested after officers stopped a vehicle in which she was travelling to work as a passenger and was then detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Section I, Paras. 2, 6). Based on Petitioner's allegations and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing 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); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. 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, D.E. 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 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of Petitioner's return to New Jersey as directed herein. (See D.E. No. 7 ). Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that she has misrepresented her criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of Petitioner's return to New Jersey confirming the time of Petitioner's release. The Motion for TRO is DENIED as moot. The Clerk of Court shall forward a copy of Petitioner's filings, (D.E. Nos. 1 & 1 -1), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov, and shall serve a copy of this Text Order upon Petitioner by regular U.S. Mail. So Ordered by Judge Esther Salas on 6/18/2026. (ek) (Entered: 06/18/2026)

Jun 18, 2026

Text Order