District of New Jersey • 2:26-cv-08598

#1

Jul 12, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17649290.), filed by REBECA GABRIELA UTRERA UTRERA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Brief, # 12 Certificate of Service, # 13 Civil Cover Sheet, # 14 Supplement Order to Show Cause, # 15 Supplement Notice of Appearance)(SANTAMARIA, STERLING) (Entered: 07/12/2026)

#2

Jul 12, 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 7/12/2026. (jml, ) (Entered: 07/12/2026)

Jul 12, 2026

Judge Brian R. Martinotti added. (jml, )

Jul 12, 2026

Add and Terminate Judges

Jul 12, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 14, 2026

TEXT ORDER: Before the Court is Petitioner Rebeca Gabriela Utrera Utrera'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 Venezuela, entered the United States without inspection in 2022 and was subsequently paroled into the country. (See ECF No. 1.) Petitioner contends that she is unlawfully detained. (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, or if Petitioner has an undisclosed criminal history, 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 7/14/26. (Fiore, J) (Entered: 07/14/2026)

Jul 14, 2026

Order

#4

Jul 15, 2026

Notice of Appearance

#5

Jul 15, 2026

Letter

#6

Jul 16, 2026

TEXT ORDER: Before the Court is Respondents' letter informing the Court of Petitioner's release from custody. (ECF No. 5.) Accordingly, it is ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 7/16/26. (Fiore, J) (Entered: 07/16/2026)

Jul 16, 2026

***Civil Case Terminated. (wh)

Jul 16, 2026

Terminate Civil Case

Jul 16, 2026

Order