District of New Jersey • 2:26-cv-07848

#1

Jun 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17590294.), filed by NINFA SOELDAD GUACHAPA SHARUPI.(COSME BRAVO, VIVIANNA) (Entered: 06/27/2026)

#2

Jun 27, 2026

MOTION for Order to Show Cause by NINFA SOELDAD GUACHAPA SHARUPI. (COSME BRAVO, VIVIANNA) (Entered: 06/27/2026)

#3

Jun 27, 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 6/27/2026. (jml, ) (Entered: 06/27/2026)

#4

Jun 27, 2026

TEXT ORDER: Before the Court is Petitioner Ninfa Soledad Guachapa Sharupi's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities. (ECF No. 1.) Petitioner, a native of Ecuador, entered the United States in 2017 and has remained here since. (See id.) Petitioner 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). (See id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as she was detained in the interior of the country several years after her arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained her under § 1225(b). The Court will not correct Respondents' unlawful application of § 1225(b) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to her detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b) which the Court has found in inapplicable to her. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera and Sandhu, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 06/27/2026. (lr, ) (Entered: 06/27/2026)

Jun 27, 2026

Text Order

Jun 27, 2026

Judge Brian R. Martinotti added. (jml, )

Jun 27, 2026

Add and Terminate Judges

Jun 27, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jun 29, 2026

NOTICE of Appearance by TASHA MARIE BRADT on behalf of TODD W BLANCHE, TODD M. LYONS, MARKWAYNE MULLIN, LUIS A SOTO (BRADT, TASHA) (Entered: 06/29/2026)

#6

Jun 29, 2026

Letter from U.S. Attorney's Office re: Petitioner's Release re 4 Text Order,,,,,,,,,,,,. (BRADT, TASHA) (Entered: 06/29/2026)