District of New Jersey • 2:26-cv-05475

#1

May 14, 2026

First PETITION for Writ of Habeas Corpus Maria Waldete Ribeiro ( Filing fee $ 5 receipt number ANJDC-17424513.), filed by Maria Waldete Ribeiro. (Attachments: # 1 Petition for Review, # 2 Memorandum Memorandum, # 3 Exhibit Notice to Appear, # 4 Exhibit Order of Removal, # 5 Exhibit ICE Online Locator, # 6 Certificate of Service Certificte of Service)(EJEZIE, IFEOMA) (Entered: 05/14/2026)

#2

May 14, 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 5/14/2026. (jml, ) (Entered: 05/14/2026)

May 14, 2026

Add and Terminate Judges

May 14, 2026

Emergent Immigration Habeas Non-transfer Order

May 14, 2026

Judge Jamel K. Semper added. (jml, )

#3

May 18, 2026

TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner Maria Waldete Ribeiro, who is currently detained at the Elizabeth Contract Detention Facility in Elizabeth, New Jersey. (ECF No. 1.) According to the Petition, Petitioner entered the United States in 2005 without admission or parole. Petitioner alleges that she is the spouse of a naturalized American citizen and mother to a United States citizen child. Petitioner further alleges that United States Citizenship and Immigration Services has granted her I-360 petition through which she has established a prima facie case for classification under the self-petitioning provisions of the Violence Against Women Act. Petitioner contends that she is mandatorily detained pursuant to 8 U.S.C. §1225 without an opportunity to seek bond in violation of her due process rights. (Id.) The Court concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). THEREFORE, respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to her detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. If Respondents contend that Ayala Amaya is factually distinguishable, they shall file a response to the Petition by May 25, 2026. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 5/18/2026. (sms) (Entered: 05/18/2026)

May 18, 2026

Order to Answer

#4

May 26, 2026

NOTICE of Appearance by DAVID EDWARD DAUENHEIMER on behalf of JASON BENZEL, TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, WARDEN (DAUENHEIMER, DAVID) (Entered: 05/26/2026)

#5

May 26, 2026

RESPONSE. (Attachments: # 1 Exhibit A - I213, # 2 Exhibit B - NTA, # 3 Exhibit C - In Absentia Removal Order, # 4 Exhibit D - I205 2007, # 5 Exhibit E - I205 2026)(DAUENHEIMER, DAVID) (Entered: 05/26/2026)

#6

Jun 01, 2026

REPLY to Response re 5 Response (NOT Motion). (Attachments: # 1 Declaration Declaration of Petitioner, # 2 Exhibit Copy of Motion to Reopen Pending)(EJEZIE, IFEOMA) (Entered: 06/01/2026)

#7

Aug 28, 2026

ORDER that the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1 ) is GRANTED; unless a subsequent order or proceeding has altered the status or finality of Petitioner's removal order or otherwise affected the Government's authority to remove Petitioner, Respondents shall RELEASE Petitioner within twenty-four (24) hours of entry of this Order under the same conditions. Signed by Judge Jamel K. Semper on 8/28/2026. (mj) (Entered: 08/28/2026)

#8

Aug 28, 2026

Letter from Counsel for Respondents. (Attachments: # 1 Exhibit A - IJ Order denying MTR, # 2 Exhibit B - Prior Criminal Complaint Theft)(DAUENHEIMER, DAVID) (Entered: 08/28/2026)

#9

Sep 01, 2026

TEXT ORDER: The Court has reviewed Respondents' August 28, 2026 letter and exhibits (ECF No. 8). In light of Respondents' representations that Petitioner's motion to reopen was denied on July 29, 2026, that Petitioner may be subject to mandatory detention under 8 U.S.C. § 1226(c)(1)(E), and that removal to Brazil may occur within approximately 30 days, the Court will permit limited supplemental briefing. Respondents shall file a supplemental submission by September 7, 2026, addressing: (1) the current status and finality of Petitioner's removal order; (2) the statutory basis for Petitioner's present detention, including the applicability of § 1226(c)(1)(E) and the factual basis therefor; and (3) the factual basis for Respondents' assertion that removal is reasonably foreseeable, including the status of Petitioner's passport and any removal arrangements. Respondents shall also address whether Petitioner is presently detained under 8 U.S.C. § 1231(a)(6) and, if so, the applicability of Zadvydas v. Davis, 533 U.S. 678 (2001). Petitioner may respond by September 10, 2026. Pending further Order, the existing prohibition on transferring Petitioner from New Jersey shall remain in effect. The Court's August 28, 2026 release directive is STAYED pending further Order. So Ordered by Judge Jamel K. Semper on 9/1/2026. (sms) (Entered: 09/01/2026)

Sep 01, 2026

Text Order

#10

Sep 03, 2026

Letter from Counsel for Respondents. (Attachments: # 1 Exhibit A - In Absentia Removal Order, # 2 Exhibit B - IJ Order Denying MTR, # 3 Exhibit C - Declaration of DO, # 4 Exhibit D - EOIR Automated Case Info)(DAUENHEIMER, DAVID) (Entered: 09/03/2026)

#11

Sep 10, 2026

Letter

#12

Sep 10, 2026

Letter