District of New Jersey • 2:26-cv-08785

#1

Jul 15, 2026

First PETITION for Writ of Habeas Corpus to show cause ( Filing fee $ 5 receipt number ANJDC-17667595.), filed by VILMA GARCIA-PADILLA. (Attachments: # 1 Civil Cover Sheet civil cover sheet, # 2 Text of Proposed Order proposed order to show cause, # 3 Text of Proposed Order proposed order to show cause)(LIPSITZ, JONATHAN) (Entered: 07/15/2026)

#2

Jul 15, 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 7/15/2026. (jml, ) (Entered: 07/15/2026)

Jul 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 15, 2026

Add and Terminate Judges

Jul 15, 2026

Judge Jamel K. Semper added. (jml, )

#3

Aug 13, 2026

Order

#4

Aug 17, 2026

Notice of Appearance

#5

Aug 18, 2026

Enforce Judgment

#6

Aug 18, 2026

Letter

#7

Aug 18, 2026

Letter

Aug 18, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Aug 19, 2026

Letter

#9

Sep 26, 2026

Letter

#10

Oct 08, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus (ECF No. 1), Petitioner's Motion to Enforce (ECF No. 5), Respondents' letter (ECF No. 7), and Petitioner's letters (ECF Nos. 8, 9). Respondents' advise that Petitioner is subject to a reinstated final order of removal and is detained pursuant to 8 U.S.C. § 1231(a)(5). (ECF No. 7 at 1.) Petitioner does not dispute Respondents' recitation of her immigration history or the applicability of § 1231(a)(5). (ECF No. 8 at 1.) Because Petitioner is subject to a final order of removal, her detention is governed by 8 U.S.C. § 1231. Detention during the ninety-day removal period is mandatory under § 1231(a)(2), and detention beyond that period is governed by § 1231(a)(6) and the limitations recognized in Zadvydas v. Davis, 533 U.S. 678, 699, 701 (2001). Respondents represent that Petitioner had been detained pursuant to the reinstated removal order since July 9, 2026. (ECF No. 7.) Accordingly, Petitioner has not been detained for the six-month period identified in Zadvydas as presumptively reasonable, and the present record does not establish that there is no significant likelihood of her removal in the reasonably foreseeable future. The Court's August 13, 2026 Order likewise did not direct Petitioner's unconditional release; it required release only if Respondents determined that Petitioner did not have a criminal history and was not subject to a final order of removal. (ECF No. 3.) Because Respondents have established that Petitioner is subject to a reinstated final order of removal, the condition for release under that Order has not been satisfied. Accordingly, it is ORDERED that the Petition for a Writ of Habeas Corpus (ECF No. 1) is DENIED; and it is further ORDERED that Petitioner's Motion to Enforce (ECF No. 5) is DENIED. The Clerk of Court shall mark this matter CLOSED. So Ordered by Judge Jamel K. Semper on 10/8/2026. (sms) (Entered: 10/08/2026)

Oct 08, 2026

Order of Dismissal