District of New Jersey • 3:26-cv-08971

#1

Jul 20, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17680334.), filed by MARIA EUGENIA VALENCIA-MONROY. (Attachments: # 1 OSC AND TRO, # 2 Text of Proposed Order, # 3 Certificate of Service, # 4 APPEARANCE, # 5 Index, # 6 Exhibit, # 7 Civil Cover Sheet)(CANO, MAYRA) (Entered: 07/20/2026)

#2

Jul 20, 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 7/20/2026. (ps) (Entered: 07/20/2026)

#3

Jul 20, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of El Salvador, alleges that she entered the United States on or about February 2005, was encountered by the Department of Homeland Security at the time of her entry, was served with a Notice to Appear, and was released on her own recognizance pursuant to 8 U.S.C. § 1226(a). (Id. Paras. 9-10.) A removal order was subsequently entered and then vacated, removal proceedings remain pending, an I-130 Petition for Alien Relative filed on Petitioner's behalf has been approved, and she has filed an I-485 Application for Adjustment of Status. (Id. Paras. 11-12.) Petitioner has received employment authorization and has been gainfully employed with the same employer since February 2005 (and files her tax returns). (Id. Paras. 12-13.) Petitioner has high blood pressure and asthma, is the mother of three U.S. citizen children, including a daughter with psychiatric disorders, and she also supports her seventy-two year old mother (who suffers from diabetes, high blood pressure, and osteoporosis). (Id. Paras. 14-16.) "[Petitioner] has never been arrested; her only contacts with law enforcement of any kind have been with immigration authorities." (Id. Para. 13.) On July 14, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner outside of her home in Elizabeth, New Jersey, and she has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 17-18.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and her Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting 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 his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to her detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented her criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's request for an order to show cause and a temporary restraining order (ECF No. 1 -2) is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -7), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov.. So Ordered by Judge Georgette Castner on 7/20/2026. (jmh) (Entered: 07/20/2026)

Jul 20, 2026

Text Order

Jul 20, 2026

Docket Annotation (public)

Jul 20, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 20, 2026

3 Text Order emailed to USANJ-HabeasCases@usdoj.gov on 7/20/2026. (jmh)

Jul 20, 2026

Case Assigned to Judge Georgette Castner. (ps)

Jul 20, 2026

Case Assigned/Reassigned

#4

Jul 21, 2026

NOTICE of Appearance by ALEXANDER JUDKA on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, DAVID J VENTRURELLA, ARTHUR J. WILSON, JR. (JUDKA, ALEXANDER) (Entered: 07/21/2026)

#5

Jul 21, 2026

Letter from United States Attorney's Office re: Petitioner's Release. (JUDKA, ALEXANDER) (Entered: 07/21/2026)