District of New Jersey • 2:26-cv-05983

#1

May 26, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17462672.), filed by Nuvia Yessenia Martinez-Ventura. (Attachments: # 1 Civil Cover Sheet)(PEARCE, JACQUELINE) (Entered: 05/26/2026)

#2

May 26, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on May 27. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 5/26/26. (ro, ) (Entered: 05/26/2026)

#3

May 26, 2026

TEXT ORDER: The Petitioner represents that she has been detained since June 11, 2025. See ECF 1 2, 10, 88. The Petitioner's period of detention therefore exceeds the six months deemed "presumptively reasonable" in Zadvydas v. Davis, 533 U.S. 678, 701 (2001). The Petitioner shall therefore be released on May 28 at noon unless, on or before May 27 at 5:00pm, the Respondents notify the Court that they intend to file a short letter brief explaining why the Petitioner should not be released. Should the Respondents opt to make such a filing, they must do so by May 29 at noon. So Ordered by Judge Michael E. Farbiarz on 5/26/26. (ro, ) (Entered: 05/26/2026)

#4

May 26, 2026

NOTICE of Appearance by DAVID INKELES on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, ARTHUR J WILSON JR. (INKELES, DAVID) (Entered: 05/26/2026)

May 26, 2026

Add and Terminate Judges

May 26, 2026

Judge Michael E. Farbiarz added. (jml, )

May 26, 2026

Emergent Immigration Habeas Non-transfer Order

May 26, 2026

Text Order

#5

May 27, 2026

DECLARATION of Civil Chief re 2 Emergent Immigration Habeas Non-transfer Order,,,,, by JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, ARTHUR J WILSON JR.. (BASIAK, JOHN) (Entered: 05/27/2026)

#6

May 27, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, ARTHUR J WILSON JR. (CARRARA, CHRISTIAN) (Entered: 05/27/2026)

#7

May 27, 2026

DECLARATION of Deputy Field Office Director re 2 Emergent Immigration Habeas Non-transfer Order,,,,, by JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA, ARTHUR J WILSON JR.. (CARRARA, CHRISTIAN) (Entered: 05/27/2026)

#8

May 27, 2026

Letter from Respondents re. Notice of Intent to Answer. (CARRARA, CHRISTIAN) (Entered: 05/27/2026)

#9

May 28, 2026

Certificate of Service

#10

May 29, 2026

Letter

#11

May 29, 2026

Leave to File Document

#12

May 29, 2026

Appear Pro Hac Vice

#13

Jun 01, 2026

TEXT ORDER: The Petitioner has requested permission to reply to the Respondents' answer at ECF 10 . See ECF 11 . The request is granted. The Petitioner shall file a reply on or before June 5. The Petitioner's reply shall address the Respondents' argument that the Petitioner has "fail[ed] to show that there is no significant likelihood of removal in the reasonably foreseeable future." ECF 10 at 4-5. So Ordered by Judge Michael E. Farbiarz on 6/1/26. (ro, ) (Entered: 06/01/2026)

#14

Jun 01, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Jun 01, 2026

Text Order

Jun 01, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Jun 01, 2026

Set Deadlines as to 11 MOTION for Leave to File Reply Memorandum. Motion set for 7/6/2026 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. (lag, )

#15

Jun 02, 2026

Letter

#16

Jun 05, 2026

TEXT ORDER: The Petitioner argues that she is entitled to release under Zadvydas v. Davis, 533 U.S. 678 (2001). See ECF 1. She has been in post-removal detention since June 2025 and "her removal is not significantly likely in the reasonably foreseeable future." See id. 10. But there is no such likelihood of removal because the Petitioner has herself sought a stay of removal, see id. 9 --- and under Second Circuit precedent, where she sought the stay, moving for a stay "will suffice to prevent removal." See Efstathiadis v. Holder, 752 F.3d 591, 599 n.5 (2d Cir. 2014) (describing this "forbearance policy"); see also ECF 1 9. In circumstances like this, where the Petitioner has filed a motion whose necessary consequence under the forbearance policy is to preclude removal, it would make little sense to hold that the Petitioner's detention is unconstitutional under Zadvydas on the theory that "there is no significant likelihood of removal in the reasonably foreseeable future." Zadvydas, 533 U.S. at 701. After all, it is the Petitioner herself, by her motion in the Second Circuit, who has necessarily precluded imminent removal. And the Third Circuit has all but landed on this same conclusion, too. See Hendricks v. Reno, 221 F. App'x 131, 132-133 (3d Cir. 2007) (holding that "continued detention" is permitted, in spite of Zadvydas, in the time between a stay order and a final order); cf. Barua v. Aviles, 2016 WL 4161099, at *3 (D.N.J. Aug. 4, 2016); cf. also Brodyak v. Davies, 2015 WL 1197535, at *3 (D.N.J. Mar. 16, 2015); Joseph v. Dep't of Homeland Sec., 2006 WL 1644875, at *2 (D.N.J. June 12, 2006). The Petitioner's motion for release under Zadvydas is denied. This is without prejudice to a subsequent application that might be made (i) when the stay is no longer in place (because the Petitioner has pulled back her motion or otherwise) and (ii) removal is still not imminent. So Ordered by Judge Michael E. Farbiarz on 6/5/26. (ro, ) (Entered: 06/05/2026)

Jun 05, 2026

Text Order

#17

Jun 06, 2026

Letter

#18

Jun 15, 2026

TEXT ORDER: The Respondents shall file a response to the Petitioner's letter motion at ECF 17 on or before June 17 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 6/15/26. (ro, ) (Entered: 06/15/2026)

Jun 15, 2026

Text Order

#19

Jun 17, 2026

Temporary Restraining Order

#20

Jun 17, 2026

Notice of Pro Hac Vice to Receive NEF

#21

Jun 17, 2026

Appear Pro Hac Vice

#22

Jun 17, 2026

TEXT ORDER: The Petitioner has filed a motion for interim release. See ECF 19 . "In the alternative," the Petitioner seeks a temporary restraining order. See id. at 1; see also id. at 4, 6, 19. Because the Petitioner indicates that the "Respondents oppose the instant motion," see id. at 4 n.2, there is no reason to proceed on an ex parte basis. The Respondents shall file a response to the Petitioner's motion on or before June 18 at 4:00pm. So Ordered by Judge Michael E. Farbiarz on 6/17/26. (ro, ) (Entered: 06/17/2026)

#23

Jun 17, 2026

Letter

Jun 17, 2026

Notice of Pro Hac Vice counsel added

Jun 17, 2026

Set Deadlines as to 21 MOTION for Leave to Appear Pro Hac Vice of Basem H. Besada. Motion set for 7/20/2026 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. (sm)

Jun 17, 2026

Pro Hac Vice counsel, ILAN T. GRAFF for NUVIA YESSENIA MARTINEZ-VENTURA, 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. (adc, )

Jun 17, 2026

Text Order

Jun 17, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#24

Jun 18, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#25

Jun 18, 2026

Notice of Pro Hac Vice to Receive NEF

#26

Jun 18, 2026

Letter

#27

Jun 23, 2026

Letter

Jun 24, 2026

Pro Hac Vice counsel, BASEM H. BESADA for NUVIA YESSENIA MARTINEZ-VENTURA, 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)

Jun 24, 2026

Notice of Pro Hac Vice counsel added

#28

Jun 30, 2026

Order on Motion for Leave to File AND Order on Motion for TRO

#29

Jul 01, 2026

Letter

Jul 30, 2026

Text Order

#31

Jul 31, 2026

Stipulation

#32

Jul 31, 2026

Stipulation and Order

#34

Jul 31, 2026

Letter

Jul 31, 2026

Text Order