District of New Jersey • 2:26-cv-09506

NEVES SOUZA AGUIAR v. ROKOSKY

Completed

Case Information

Filed: July 28, 2026
Assigned to: Madeline Cox Arleo
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 12, 2026
Last Activity: August 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 28, 2026
PETITION for Writ of Habeas Corpus, filed by AMANDA NEVES SOUZA AGUIAR. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Civil Cover Sheet Civil Cover Sheet)(MINOGUE, ALEXANDRA) (Entered: 07/28/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 28, 2026
MOTION for Temporary Restraining Order by AMANDA NEVES SOUZA AGUIAR. (MINOGUE, ALEXANDRA) (Entered: 07/28/2026)
Main Document: Temporary Restraining Order
Jul 28, 2026
Judge Madeline Cox Arleo added. (jjc, )
#3
Jul 29, 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 7/29/2026. (jjc, ) (Entered: 07/29/2026)
Jul 29, 2026
Add and Terminate Judges
Jul 29, 2026
Emergent Immigration Habeas Non-transfer Order
#4
Aug 05, 2026
Letter
Main Document: Letter
#5
Aug 05, 2026
TEXT ORDER: This MATTER comes before the Court on Petitioner's habeas petition and a TRO Motion challenging her unlawful detention and seeking release from immigration detention. Petitioner has provided evidence that she is 31 weeks pregnant with a viable and medically fragile unborn child who is at risk of serious injury or death. Petitioner has also provided evidence that she has a documented history of spousal abuse for which she is seeking relief under VAWA, and that her only criminal history stems from an incident involving an altercation with her husband. The Third Circuit's decision in Lucas v. Hadden, 790 F.2d 365 (3d Cir. 1986) holds that "bail may be granted to a habeas petitioner prior to a ruling on the merits of the petition" where "extraordinary circumstances" are present, id. at 367; and courts have applied this reasoning in immigration habeas cases, see Kolawole O.T. v. Ahrendt, 466 F. Supp.3d 457, 466, 470 (D.N.J. 2020) (finding that interim release was warranted based on serious mental illness and petitioner's worsening mental health during the COVID-19 pandemic); Alfonso v. Soto, No. 25CV17371 (EP), 2025 WL 3187438, at *2 (D.N.J. Nov. 14, 2025) (finding extraordinary circumstances to grant release on bail in habeas proceeding where the petitioner's daughter was gravely ill); M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *2 (D.N.J. Dec. 19, 2025) (ordering release of a long-term resident of the United States with serious medical conditions who was improperly detained under 8 U.S.C. § 1225(b)(2). Based on extraordinary circumstances, the Court hereby ORDERS Petitioner's immediate release under reasonable conditions pending adjudication of her habeas petition. Respondents shall confirm Petitioner's release in writing within 24 hours. The Court terminates the TRO Motion at ECF No. 2 considering the relief provided. So Ordered by Judge Madeline Cox Arleo on 08/05/2026. (lr, ) (Entered: 08/05/2026)
Aug 05, 2026
Text Order
#6
Aug 06, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Aug 06, 2026
Letter
Main Document: Letter
#8
Aug 07, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Aug 12, 2026
Order of Dismissal
Main Document: Order of Dismissal

Parties

NEVES SOUZA AGUIAR
Party
ROKOSKY
Party