District of New Jersey • 2:26-cv-08666

#1

Jul 13, 2026

PETITION received for Writ of Habeas Corpus, filed by GABRIELE SILVA DE SOUZA. (Attachments: # 1 Exhibits)(Received via ADS)(N/M)(gev) Modified on 7/14/2026 (ps). (Entered: 07/14/2026)

#2

Jul 13, 2026

EMERGENCY MOTION for Temporary Restraining Order by GABRIELE SILVA DE SOUZA. (N/M)(Recieved via ADS)(gev) (Entered: 07/14/2026)

#3

Jul 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 7/14/2026.(N/M)(gev) (Entered: 07/14/2026)

Jul 14, 2026

Notice of NEF Consent

Jul 14, 2026

Pro Se Consent to Electronically Receive NEFs. By using ADS, GABRIELE SILVA DE SOUZA has consented to receive electronic notification and service of all future documents filed in this case at the email address provided in ADS, which has been added to the Court`s docket. Any request to cancel electronic notification and service shall be made in written form and will preclude the litigant from submitting future documents through ADS. Pursuant to Local Civil Rule 10.1, litigants shall promptly notify the Court if there is a change in personal data such as name, address and/or email address. (Consent Received via ADS)(N/M)(gev)

Jul 14, 2026

Emergent Immigration Habeas Non-transfer Order

#4

Jul 15, 2026

Exhibit (Civil Cover Sheet) to 1 Petition for Writ of Habeas Corpus by GABRIELE SILVA DE SOUZA. (ld)(Received via ADS) (Entered: 07/15/2026)

Jul 15, 2026

Filing Fee Received

Jul 15, 2026

Filing fee: $5, receipt number NEW54562. (ps)

#5

Jul 16, 2026

TEXT ORDER: The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by pro se Petitioner Gabriele Silva de Souza ("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 Brazil who lawfully entered the United States on July 17, 2024, pursuant to a valid nonimmigrant visa and thereafter established her residence in Newark, New Jersey. Petitioner alleges that she is married to a lawful permanent resident of the United States, with whom she resides, and that she has no criminal history. Petitioner further alleges that on July 13, 2026, U.S. Immigration and Customs Enforcement officers arrested her outside her residence and transferred to the Delaney Hall Detention Facility, where she remains detained. She further alleges that she has not been provided with an administrative warrant, custody determination, charging document, or other records identifying the statutory authority under which she is confined. Petitioner further contends that her continued detention violates the Fourth and Fifth Amendments. (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 23, 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 or transferred outside the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Jamel K. Semper on 7/16/2026. (sms) (Entered: 07/16/2026)

Jul 16, 2026

Order to Answer

#6

Jul 23, 2026

Notice of Appearance

#7

Jul 23, 2026

Letter

#8

Aug 05, 2026

Letter