District of New Jersey • 2:25-cv-18581

#1

Dec 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16907105.), filed by SUELLING ROSA DE AGUIAR. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(ROY, SUSAN) (Entered: 12/12/2025)

Dec 12, 2025

Case Assigned/Reassigned

Dec 12, 2025

Case Assigned to Judge Michael E. Farbiarz. (ps)

#2

Dec 16, 2025

TEXT ORDER: The Petitioner must file proof of service upon the Respondents. If service is perfected on or before December 16 at 5:00pm, the Respondents shall file a response to the petition on or before December 19 at 9:00am. If service is not perfected before December 16 at 5:00pm, the Petitioner shall promptly alert the Court, and another schedule will be set. So Ordered by Judge Michael E. Farbiarz on 12/16/2025. (ro, ) (Entered: 12/16/2025)

#3

Dec 16, 2025

Appear Pro Hac Vice

#4

Dec 16, 2025

SUMMONS Returned Executed by SUELLING ROSA DE AGUIAR. ERIC ROKOSKY served on 12/16/2025, answer due 1/6/2026. (ROY, SUSAN) (Entered: 12/16/2025)

#5

Dec 16, 2025

CERTIFICATE OF SERVICE by SUELLING ROSA DE AGUIAR re 2 Order, (ROY, SUSAN) (Entered: 12/16/2025)

Dec 16, 2025

Order

#6

Dec 17, 2025

Substitution of Attorney

#7

Dec 17, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Dec 17, 2025

Set Deadlines as to 3 MOTION for Leave to Appear Pro Hac Vice . Motion set for 1/20/2026 before Judge Michael E. Farbiarz. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (pm, )

Dec 17, 2025

Set/Reset Motion and R&R Deadlines/Hearings

#8

Dec 18, 2025

Response to Habeas Petition

#9

Dec 19, 2025

TEXT ORDER: The Petitioner shall file a reply to the Respondent's response at ECF 8 on or before December 24. So Ordered by Judge Michael E. Farbiarz on 12/19/2025. (ro, ) (Entered: 12/19/2025)

Dec 19, 2025

Order

#10

Dec 23, 2025

Notice of Pro Hac Vice to Receive NEF

Dec 23, 2025

Pro Hac Vice counsel, MARIAH R. SCHIFF for SUELLING ROSA DE AGUIAR, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld)

Dec 23, 2025

Notice of Pro Hac Vice counsel added

#11

Dec 24, 2025

Response (NOT Motion)

#12

Dec 26, 2025

Amended Document (NOT Motion/Complaint)

#13

Dec 29, 2025

Amended Document (NOT Motion/Complaint)

Dec 29, 2025

QC - Document contains an Electronic Signature of a Non-Attorney

Dec 29, 2025

CLERK'S QUALITY CONTROL MESSAGE - The 12 Amended Petition for Writ of Habeas Corpus submitted by SUSAN ROY on 12/26/2025 contains an improper signature as to MARIAH R. SCHIFF. Only Registered Users and Local Counsel are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED OR WET SIGNATURE AS TO MARIAH R. SCHIFF. This submission will remain on the docket unless otherwise ordered by the court. (sks)

#14

Jan 22, 2026

TEXT ORDER: Whether, after the Court of Appeals' decision in Khalil v. President, United States of America, 2026 WL 111933 (3d Cir. Jan. 15, 2026), the Court has habeas jurisdiction in a certain class of cases is an issue now being briefed in another case. See Aygun v. Soto, 2026 WL 136151, at *1 (D.N.J. Jan. 16, 2026). On or before January 26 at 11:59pm, the Respondents shall indicate whether its habeas jurisdiction arguments in Aygun v. Soto are different in any meaningful way from any habeas jurisdiction arguments that might be relevant in this case. The Petitioner shall file a letter brief on or before January 30 at noon indicating whether, after the Court of Appeals' Khalil decision, the Court has habeas jurisdiction in this case. So Ordered by Judge Michael E. Farbiarz on 1/22/26. (ro, ) (Entered: 01/22/2026)

Jan 22, 2026

Text Order

#15

Jan 26, 2026

Letter

#16

Jan 29, 2026

Letter

#17

Jan 29, 2026

TEXT ORDER: The Respondents shall file a letter brief on or before February 2 at 10:00am. It shall answer two questions in detail and with full reference to the governing caselaw. First, whether a federal court of appeals considering a petition for review after the Board of Immigration Appeals issues a final order of removal can consider whether the immigration courts should have treated the relevant petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) and therefore as eligible for a bail hearing. Second, and relatedly, whether any decision of the immigration courts to treat a petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) "is a 'matter[ ] on which the validity of the final order [of removal entered by the BIA] is contingent.'" Khalil v. President, United States, 2026 WL 111933, at *10 (3d Cir. Jan 15, 2026) (quoting Massieu v. Reno, 91 F.3d 416, 422 (3d Cir. 1996)). If yes, the Respondents shall explain why this is so. If no, the Respondents shall explain why this is not so --- and also what the implications of that are for whether 8 U.S.C. § 1252(b)(9) strips habeas jurisdiction from district courts asked to consider whether a detained noncitizen purportedly covered by 8 U.S.C. § 1225(b)(2) should be treated as covered by 8 U.S.C. § 1226(a). (The briefing to this point from the Respondents has been glancing, and not commensurate with the "complex[ity]" of this issue, as they have described it. See Agyun v. Soto (2:25-cv-18540-MEF) at ECF 14. It is imperative that the letter brief due to be filed on Monday be a sustained treatment of the relevant legal issues.) The Petitioner is free to weigh in on the issues described here, by means of a letter brief to be filed on or before February 3 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 1/29/2026. (ro, ) (Entered: 01/29/2026)

Jan 29, 2026

Order

#18

Feb 02, 2026

Letter