District of New Jersey • 1:25-cv-18248

#1

Dec 06, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16884848.), filed by KATIA A PAVON-FONSECA. (Attachments: # 1 Habeas Order, # 2 Brief, # 3 ORDER TO SHOW CAUSE, # 4 Certificate of Service, # 5 Civil Cover Sheet)(FERNANDEZ, REGIS) (Entered: 12/06/2025)

#2

Dec 08, 2025

TEXT ORDER: According to petitioner, respondents are presently detaining her under the mandatory detention provisions of 8 U.S.C. § 1225 pursuant to the Board of Immigration Appeals' decision in Matter of Yajure Hurtado. Under the recent decision in Bethancourt- Soto v. Soto, et al., No. 25-cv-16200, __ F. Supp. 2d __, 2025 WL 2976572 (D.N.J. Oct. 22, 2025), as petitioner was apprehended inside the United States after residing here for an extended period, the Court finds that she should be detained under 8 U.S.C. § 1226, which requires an opportunity to seek bond. Accordingly, respondents shall provide petitioner with a bond hearing no later than 5:00 p.m. on December 12, 2025. If respondents contend that Bethancourt-Soto does not control, for example, because it is factually distinguishable, they shall file an expedited answer by 5:00 p.m. on December 15, 2025, and petitioner shall file any reply by 5:00 p.m. on December 17, 2025. Further, in light of the Court's decision and to preserve the status quo, including petitioner's continued access to counsel, during the potential briefing and hearing process, and pursuant to the All Writs Act, 28 U.S.C. § 1651, petitioner shall remain in the State of New Jersey and shall not be transferred outside the State of New Jersey until further order of the Court. If petitioner has already been transferred, respondents may not transfer her from her current location. Finally, the Clerk of the Court shall forward a copy of the Petition, (ECF No. 1), and this Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Edward S. Kiel on 12/8/2025. (gn) (Entered: 12/08/2025)

Dec 08, 2025

Text Order

Dec 08, 2025

Case Assigned/Reassigned

Dec 08, 2025

Case assigned to Judge Edward S. Kiel. (jr)

Dec 19, 2025

Text Order

#4

Dec 20, 2025

Letter

#5

Dec 22, 2025

Order of Dismissal