District of New Jersey • 1:26-cv-08399

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17635104.), filed by JACQUELINE LOPEZ DE NATAREN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Asylum Application, # 3 Exhibit Employment Authorization Document, # 4 Exhibit OPLA 2022 Doyle Memo, # 5 Exhibit ICE Detainee Locator, # 6 Exhibit Good Conduct Letter, # 7 Exhibit Notice to Appear)(MENA, ALEXANDER) (Entered: 07/08/2026)

#2

Jul 08, 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 7/8/2026. (jml, ) (Entered: 07/08/2026)

Jul 08, 2026

Add and Terminate Judges

Jul 08, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 08, 2026

Judge Karen M. Williams added. (jml, )

#3

Jul 09, 2026

TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, who is currently detained at the Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of El Salvador who entered the United States on or about December 22, 2016. Petitioner alleges that she applied for asylum before the Newark Immigration Court on March 16, 2023, and thereafter received employment authorization following completion of the required background checks. Petitioner further alleges that, prior to a final hearing on her asylum application, her removal proceedings were terminated pursuant to a grant of prosecutorial discretion, which reflected a determination that she did not present a threat to public safety, national security, or border security. Petitioner alleges that on July 3, 2026, she and her spouse were arrested by ICE while walking in Plainfield, New Jersey, leaving their twenty-year-old dependent son at home, and that she was thereafter transferred to the Delaney Hall Detention Facility. Petitioner further alleges that she has been placed back into removal proceedings with a hearing scheduled for August 11, 2026. Petitioner alleges that ICE has issued a custody determination continuing her detention without the opportunity to seek release on bond or other conditions. Petitioner contends that her continued detention violates the Due Process Clause of the Fifth Amendment and the Immigration and Nationality Act. (Id.) Based on the allegations in the Petition, the Court preliminarily concludes that Petitioner may be unlawfully detained under 8 U.S.C. § 1225 because she was apprehended within the United States after residing here for an extended period and therefore may instead be subject to detention under 8 U.S.C. § 1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880 (D.N.J. Oct. 30, 2025). Accordingly, if Respondents do not contend that Ayala Amaya is meaningfully distinguishable from the circumstances presented here, Respondents shall RELEASE Petitioner within twenty-four (24) hours under the same conditions, if any, that existed prior to her detention. If Respondents contend that Ayala Amaya is distinguishable, they shall file a response to the Petition by July 16, 2026, setting forth the basis for that position. 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 Karen M. Williams on July 9, 2026. (Williams, Karen) (Entered: 07/09/2026)

Jul 09, 2026

Text Order

#4

Jul 10, 2026

Notice of Appearance

#5

Jul 10, 2026

Status Report

#6

Jul 13, 2026

TEXT ORDER - This matter having come before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), and Respondents having filed a letter advising that Petitioner has been released from immigration detention (ECF No. 5) in accordance with the Court's July 9, 2026 Text Order (ECF No. 3), and the Court having reviewed the record and determined that the relief ordered has been provided. Accordingly, it is ORDERED that this matter is hereby CLOSED. So Ordered by Judge Karen M. Williams on July 13, 2026. (Williams, Karen) (Entered: 07/13/2026)

Jul 13, 2026

Text Order

Jul 15, 2026

Terminate Civil Case