District of New Jersey • 2:26-cv-08069

#1

Jul 02, 2026

Emergency PETITION for Writ of Habeas Corpus and Immediate Release from ICE custody ( Filing fee $ 5 receipt number ANJDC-17608873.), filed by ROSA ESTHER BARAHONA-ONCE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Index Index of Exhibits, # 3 Exhibit Exhibit A - Birth certificates, # 4 Exhibit Exhibit B - Complaint detail, # 5 Exhibit Exhibit C - Politico article, # 6 Exhibit Exhibit D - Law360 article, # 7 Exhibit Exhibit E - 2nd Politico article, # 8 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 07/02/2026)

#2

Jul 02, 2026

Emergency MOTION for Temporary Restraining Order and Immediate Release from ICE custody by ROSA ESTHER BARAHONA-ONCE. (Attachments: # 1 Text of Proposed Order Proposed Order for TRO, # 2 Memorandum Legal Memo for TRO, # 3 Certificate of Service Certificate of Service)(LESCHAK, JOHN) (Entered: 07/02/2026)

#3

Jul 02, 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 7/2/2026. (jr) (Entered: 07/02/2026)

#4

Jul 02, 2026

TEXT ORDER - Before the Court is Petitioner Rosa Esther Barahona Ocne's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1.) Petitioner, a native of Ecuador who entered the United States approximately 10 years ago, contends that she is unlawfully detained under 8 U.S.C. § 1225(b). (See generally id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as she was previously released into the country and was re-detained years later on the interior of the country. As such, her continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under a different statute, they instead detained her under § 1225(b). 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)(1) or (b)(2), which the Court has found inapplicable to her. 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, 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 Caiza Guevara and Fuentes Velasquez, 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 Julien Xavier Neals on 7/2/2026. (kd) (Entered: 07/02/2026)

#5

Jul 02, 2026

NOTICE of Appearance by ALEXANDER JUDKA on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, ERIC ROKOSKY (JUDKA, ALEXANDER) (Entered: 07/02/2026)

#6

Jul 02, 2026

Letter from United States Attorney's Office re: Petitioner's Release. (JUDKA, ALEXANDER) (Entered: 07/02/2026)

Jul 02, 2026

Case Assigned/Reassigned

Jul 02, 2026

Case assigned to Judge Julien Xavier Neals. (jr)

Jul 02, 2026

Text Order

Jul 02, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 06, 2026

Text Order

Jul 06, 2026

Terminate Civil Case