District of New Jersey • 2:26-cv-07409

#1

Jun 19, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17559993.), filed by SANDRA MILENA TORRES-VERGARA. (Attachments: # 1 Brief BRIEF IN SUPPORT, # 2 Exhibit PETITIONER CASE INFORMATION, # 3 Exhibit NOTICE TO APPEAR, # 4 Text of Proposed Order PROPOSED ORDER, # 5 Civil Cover Sheet CIVIL COVERSHEET)(VERA, PAOLA) (Entered: 06/19/2026)

#2

Jun 19, 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 6/19/2026. (jml, ) (Entered: 06/19/2026)

Jun 19, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 19, 2026

Add and Terminate Judges

Jun 19, 2026

Judge Katharine S. Hayden added. (jml, )

#3

Jun 22, 2026

TEXT ORDER: Petitioner SANDRA MILENA TORRES-VERGARA, a noncitizen with no criminal history, has lived in the United States since approximately August 2022 and does not have a final order of removal. (ECF No. 1, Petition at 8-13.) She was arrested on June 17, 2026 (id. at 10), and contends that she is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm her release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 6/22/26. (cm, ) (Entered: 06/22/2026)

Jun 22, 2026

Order

#4

Jun 23, 2026

Notice of Appearance

#5

Jun 29, 2026

Motion to Quash/Compel/Enforce

#6

Jun 29, 2026

Response to Habeas Petition

Jun 29, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#7

Jul 02, 2026

Reply Brief to Opposition to Motion

#8

Jul 15, 2026

Letter

#9

Aug 13, 2026

TEXT ORDER: Petitioner Sandra Milena Torres-Vergara is a noncitizen without a criminal history who has lived in the United States since approximately August 2022. (Petition, ECF No. 1 8-13.) Petitioner alleges she was unlawfully detained on July 17, 2026, under 8 U.S.C. § 1225(b). (Id. 12.) On June 22, 2026, the Court ordered Petitioner's release from mandatory detention under § 1225(b) or alternatively that Respondents file an expedited answer within five (5) days. (ECF No. 3.) On June 29, 2026, Respondents timely filed an expedited answer which asserts Petitioner is lawfully detained under 8 U.S.C. § 1226(a) rather than § 1225(b), as alleged in the Petition. (Answer, ECF No. 6 at 2-3.) On the same day, Petitioner filed a letter, which the Court construes as a Motion to Enforce Judgment, asking the Court to release Petitioner. (Motion to Enforce, ECF No. 5.) A warrant was issued, pursuant to 8 U.S.C. § 1226(a), for Petitioner's arrest as an inadmissible noncitizen subject to removal proceedings (ECF No. 6-2, Warrant for Arrest of Alien; ECF No. 6-3, Notice Custody Determination.) Therefore, Petitioner was lawfully detained under § 1226(a) pending a determination of whether she will be removed. Petitioner's Motion to Enforce (ECF No. 5) is DENIED. A bond hearing was scheduled for June 23, 2026, but it was withdrawn. (ECF No. 6-4, IJ Order.) Accordingly, it is ORDERED that Respondents shall provide Petitioner with an individualized bond hearing pursuant to § 1226(a) within seven (7) days of this Text Order. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Failure to comply will result in Petitioner's immediate release. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 8/13/2026. (mw) (Entered: 08/13/2026)

Aug 13, 2026

Order

#10

Aug 24, 2026

Letter

#11

Aug 26, 2026

Miscellaneous Relief

Aug 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#12

Sep 15, 2026

Response in Opposition to Motion

#13

Sep 23, 2026

Letter from Paola Vera, Esq.. (Attachments: # 1 Exhibit Voluntary Departure Order, # 2 Exhibit Flight Itinerary, # 3 Exhibit correspondence including out of office email and undeliverable email respond due to forwarding email address not existing)(VERA, PAOLA) (Entered: 09/23/2026)

#14

Sep 24, 2026

TEXT ORDER: It is ORDERED that Respondents shall, by 4:00 p.m. on September 25, 2026, file a response to Petitioner Sandra Torres-Vergara's letter/motion for release to honor her voluntary departure agreement (ECF No. 13, Motion for Release). So Ordered by Judge Katharine S. Hayden on 9/24/26. (cm, ) (Entered: 09/24/2026)

Sep 24, 2026

Order

#15

Sep 25, 2026

Letter from United States Attorney's Office Response to ECF No. 13 re 13 Letter, 14 Order,. (Attachments: # 1 Exhibit IJ Order)(GONZALEZ, ALICIA) (Entered: 09/25/2026)

#16

Sep 28, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Sandra Torres-Vegara's letter motion for immediate release to comply with the Immigration Court's voluntary departure order (ECF No. 13, Letter Motion) and Respondents' response in opposition to the Letter Motion (ECF No. 15, Response). On September 4, 2026, an immigration judge ("IJ") granted Petitioner's request for "pre-conclusion voluntary departure under Immigration and Nationality Act (INA) 240B(a), in lieu of removal, without expense to the Government, on or before 10/05/2026" including any extensions granted or any other conditions directed by Department of Homeland Security ("DHS"), with departure subject to safeguards. (ECF No. 15-1, IJ Order.) Petitioner purchased an airline ticket to Columbia for October 4, 2026, but alleges she cannot depart if she is not released from ICE custody with her passport. Letter Motion at 2-3. Respondents contend they cannot release Petitioner until this Court lifts the injunction prohibiting Petitioner's transfer outside New Jersey, that ICE confirms it will escort Petitioner to the airport on October 4, 2026, and that the Court lacks jurisdiction over Petitioner's claims related to voluntary departure, a matter of discretionary relief over which there is no judicial review pursuant to 8 U.S.C. § 1252(a)(2)(B)(ii). Response at 2-3. The Court holds it lacks jurisdiction under § 1252(a)(2)(B)(ii) to address Petitioner's claims regarding implementation of her voluntary departure order. Accordingly, the Court DISMISSES Petitioner's Motion to Enforce, ECF No. 11, because it is mooted by Petitioner's lawful detention pending voluntary departure, DENIES Petitioner's Letter Motion, ECF No. 13, and DISSOLVES the injunction, ECF No. 2, which is prohibiting Petitioner's voluntary departure. The Clerk shall CLOSE this matter. So Ordered by Judge Katharine S. Hayden on 9/28/26. (cm, ) (Entered: 09/28/2026)

Sep 28, 2026

Order

Sep 28, 2026

***Civil Case Terminated. (wh)

Sep 28, 2026

Terminate Civil Case