District of New Jersey • 2:26-cv-08456

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus FOR ALIEN DETAINEE ( Filing fee $ 5 receipt number ANJDC-17639684.), filed by SILVIA VERONICA QUIZHPI PINGUIL. (Attachments: # 1 Civil Cover Sheet)(KASDAN, MARCIA) (Entered: 07/09/2026)

Jul 09, 2026

Case assigned to Judge Madeline Cox Arleo. (jr)

Jul 09, 2026

Case Assigned/Reassigned

#2

Jul 10, 2026

TEXT ORDER -he Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Silvia Veronica Quizhpi Pinguil, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a citizen of Ecuador who entered the United States without inspection in 2019 and has resided continuously in this country since that time. Petitioner alleges that she is presently in removal proceedings before the Elizabeth Immigration Court pursuant to 8 U.S.C. § 1229(a). She further alleges that she is the single mother of two United States citizen daughters, ages four and six, has no criminal history, and was arrested by United States Immigration and Customs Enforcement on July 8, 2026, after dropping her children off at daycare. Petitioner was then transported to the Delaney Hall Detention Facility, where she remains detained. Petitioner contends that her continued detention violates the Fifth Amendment's Due Process Clause and the Immigration and Nationality Act. Based on the allegations in the Petition, and in accordance with hundreds of similar district court opinions in this district and across the nation, the Court preliminarily concludes that Petitioner is unlawfully subjected to mandatory detention under 8 U.S.C. § 1225(b) because she was apprehended within the interior of the United States after residing here for an extended period and, therefore, she may only lawfully be subject to discretionary detention under 8 U.S.C. § 1226(a). See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025) (collecting cases interpreting Sections 1225 and 1226(a)). Thus, unless Respondents contend that Ayala Amaya is materially distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within 48 hours of the entry of this Order under the same conditions, if any, that existed prior to her detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file an expedited response to the Petition within 48 hours, setting forth the factual and legal basis for that position. Petitioner may file a reply within three (3) business days after Respondents file their response. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Madeline Cox Arleo on 7/10/2026. (aa, ) (Entered: 07/10/2026)

Jul 10, 2026

Order