District of New Jersey • 2:26-cv-08944

LORONO SALAS v. WARDEN

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Case Information

Filed: July 17, 2026
Assigned to: Katharine Sweeney Hayden
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 17, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17678630.), filed by MARIA CECILIA LORONO SALAS. (Attachments: # 1 Exhibit)(FLOWERS, THEODORE) (Entered: 07/17/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 17, 2026
MOTION for Temporary Restraining Order by MARIA CECILIA LORONO SALAS. (FLOWERS, THEODORE) (Entered: 07/17/2026)
Main Document: Temporary Restraining Order
#3
Jul 17, 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 7/17/2026. (jml, ) (Entered: 07/17/2026)
Jul 17, 2026
Add and Terminate Judges
Jul 17, 2026
Judge Katharine S. Hayden added. (jml, )
Jul 17, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Jul 20, 2026
TEXT ORDER: Petitioner Maria Cecilia Lorono Salas is a citizen of Venezuela who alleges that she entered the United States in 2021, was detained for a month, and released on her own recognizance. (ECF No. 1, Petition at 2.) Petitioner was taken into custody by Immigration and Customs Enforcement ("ICE") officers on July 16, 2026, after she was administered a credible fear interview for her asylum claim. (Id.) She alleges that she has no outstanding criminal warrants or convictions. (Id. at 3.) Petitioner contends that she is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing. (Id. at 3, 8-14.) Along with her Petition, Petitioner filed an emergency motion for temporary restraining order and order to show cause, ECF No. 2 ("TRO Motion"), seeking to enjoin her transfer outside New Jersey while this proceeding is pending and for an expedited resolution of her Petition. In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 48 hours and confirm her release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within 48 hours, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. Having enjoined Petitioner's transfer and ordered an expedited resolution of the Petition, the Motion for TRO, ECF No. 2, is DISMISSED as moot. So Ordered by Judge Katharine S. Hayden on 7/20/26. (cm, ) (Entered: 07/20/2026)
Jul 20, 2026
Order

Parties

LORONO SALAS
Party
WARDEN
Party