District of New Jersey • 3:25-cv-19127

#1

Dec 31, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16955152.), filed by ALYSON ADRIANA BARRIENTOS ARGUETA. (Attachments: # 1 Supplement, # 2 Brief, # 3 Text of Proposed Order, # 4 Civil Cover Sheet, # 5 Index, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(ENGLISH, JUSTIN) (Entered: 12/31/2025)

Dec 31, 2025

Judge Robert Kirsch added. (jjc, )

Jan 02, 2026

Add and Terminate Judges

#2

Jan 06, 2026

Letter

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Jan 07, 2026

TEXT ORDER: Petitioner Alyson Adriana Barrientos Argueta, a citizen of El Salvador who entered the United States without inspection in 2021 (ECF No. 1, Petition at 26-29), has filed a habeas petition contending that she is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether she presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that this case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey or removing her from the United States while this habeas proceeding is pending. So Ordered by Judge Robert Kirsch on 01/07/2026. (pdm) (Entered: 01/07/2026)

Jan 07, 2026

Text Order

Jan 07, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 2 LETTER submitted by JUSTIN ENGLISH on 1/6/2026 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (dmr3)

Jan 07, 2026

QC - Document Not Signed by Attorney

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Jan 09, 2026

Substitution of Attorney

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Jan 14, 2026

Letter

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Jan 15, 2026

Order of Dismissal