District of New Jersey • 3:26-cv-03564

#1

Apr 03, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17272920.), filed by CARINE FERREIRA ALVES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(SIMBRON, NOEMI) (Entered: 04/03/2026)

#2

Apr 03, 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 4/3/2026. (ps) (Entered: 04/03/2026)

Apr 03, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 03, 2026

Case Assigned to Judge Robert Kirsch. (ps)

Apr 03, 2026

Case Assigned/Reassigned

Apr 06, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Apr 06, 2026

Notice of Judicial Preferences

#3

Apr 27, 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 4/27/2026. (jjc, ) (Entered: 04/27/2026)

Apr 27, 2026

Emergent Immigration Habeas Non-transfer Order

#4

May 05, 2026

TEXT ORDER: Petitioner CARINE FERREIRA ALVES is a citizen of Brazil who allegedly has no criminal history and entered the United States without inspection on August 24, 2024. See ECF No. 1, Petition at 29, 27 (citing Exhibit A: Notice to Appear). She has filed a habeas Petition pursuant to 28 U.S.C. § 2241 challenging her detention without bond by immigration authorities. The Chief Judge entered a Text Order staying her transfer from New Jersey (ECF Nos. 2-3), which shall remain in effect while this case is pending. Based on the allegations in the Petition and the Court's decision in Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025) (ordering a bond hearing for a noncitizen who entered without inspection and was later arrested in the interior of the United States), the Court finds that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). 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 Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing outside the seven-day period, if necessary, without seeking this Court's intervention. 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 thereafter. So Ordered by Judge Robert Kirsch on 05/05/2026. (pdm) (Entered: 05/05/2026)

May 05, 2026

Text Order

#5

May 07, 2026

Notice of Appearance

#6

May 11, 2026

Response to Habeas Petition

#7

May 13, 2026

Reply to Response (NOT Motion)

#8

May 22, 2026

Letter

#9

Jun 11, 2026

Letter

#10

Jun 22, 2026

Letter

#11

Jul 08, 2026

Letter

#12

Jul 10, 2026

TEXT ORDER: Petitioner CARINE FERREIRA ALVES is a citizen of Brazil who allegedly has no criminal history and entered the United States without inspection on August 24, 2024. (See ECF No. 1, Petition at 29, 27 (citing Exhibit A: Notice to Appear).) This Court directed that Petitioner be provided a bond hearing subject to Respondents' ability to oppose relief if the case was factually or legally distinguishable from the Court's decision in Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025) (holding that noncitizens who entered the United States without inspection and were later arrested in the interior of the United States could only be detained under 8 U.S.C. § 1226(a)). (See ECF No. 4.) Respondents opposed relief because Petitioner was paroled from custody on October 22, 2024, pursuant to ICE's authority under section 212(d)(5)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(5)(A). Respondents further contend that Petitioner was arrested on March 20, 2026, based on her failure to comply with the Compliance Assistance Terminal ("CART") program. (See ECF No. 6 -1 at 3.) In Correa v. Delaney Hall, No. 26-4876, 2026 WL 1803202, at *3 (D.N.J. Jun. 23, 2026), this Court held that a petitioner who was paroled into the country under 8 U.S.C. § 1182(d)(5)(A) and detained years later was entitled to a bond hearing under § 1226(a)). Petitioner's situation is not meaningfully distinguishable from that of the petitioner in Correa. It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within 5 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 Petitioner shall have reasonable notice of the bond hearing, an opportunity to prepare, and be permitted to reschedule the hearing outside the five-day period, if necessary, without seeking this Court's intervention. 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 and request to close this matter. The Text Order at ECF No. 3, which stays Petitioner's transfer from New Jersey, shall REMAIN IN EFFECT until this matter concludes. So Ordered by Judge Robert Kirsch on 7/9/2026. (alg) (Entered: 07/10/2026)

Jul 10, 2026

Text Order

#13

Jul 20, 2026

Status Report

#14

Jul 31, 2026

TEXT ORDER: On July 20, 2026, Respondents notified the Court that the Immigration Court provided Petitioner with a bond hearing pursuant to this Court's Text Order dated July 10, 2026 (ECF No. 12), and denied Petitioner's request for a change in custody status finding that Petitioner poses a risk of flight. (ECF No. 13, 13 -1, Exh. C (Bond Order dated July 17, 2026).) Because Petitioner has received the relief ordered by the Court, this matter shall be marked CLOSED.. So Ordered by Judge Robert Kirsch on 07/31/2026. (pdm) (Entered: 07/31/2026)

Jul 31, 2026

Order of Dismissal