District of New Jersey • 2:26-cv-08965
GIMENEZ CAMACARO v. TSOUKARIS et al
Active
Case Information
Filed: July 19, 2026
Assigned to:
—
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
—
Active
Last Activity:
July 21, 2026
Docket Entries
#2
Jul 19, 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 7/19/2026. (jml, ) (Entered: 07/19/2026)
Jul 19, 2026
Judge Brian R. Martinotti added. (jml, )
Jul 19, 2026
Add and Terminate Judges
Jul 19, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Jul 20, 2026
TEXT ORDER: : Before the Court is Petitioner Aurimar Gimenez Camacaro'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 in 2021 and was paroled into the country. (See generally id.) 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 inapplicable to him. 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 07/20/2026. (lr, ) (Entered: 07/20/2026)
Jul 20, 2026
Text Order
Jul 21, 2026
Text Order