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)

#4

Jul 14, 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 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

Notice of NEF Consent

Jul 14, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 15, 2026

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

Jul 15, 2026

Filing Fee Received

#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 by STEVEN MILLER on behalf of TODD BLANCHE, TODD LYONS, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSAKOURIS (MILLER, STEVEN) (Entered: 07/23/2026)

#7

Jul 23, 2026

Letter from USAO responding to Petition. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Notice to Appear, # 3 Exhibit Form I-286, # 4 Exhibit IJ Bond Hearing Notice)(MILLER, STEVEN) (Entered: 07/23/2026)

#8

Aug 05, 2026

Letter. (ESPINOSA, ROBERTO) (Entered: 08/05/2026)

#9

Aug 14, 2026

NOTICE of Appearance by NOEMI C. SIMBRON on behalf of GABRIELE SILVA DE SOUZA (SIMBRON, NOEMI) (Entered: 08/14/2026)

#10

Aug 14, 2026

TEXT ORDER: Respondents represented in their July 23, 2026 submission (ECF No. 7) that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and that a bond hearing was scheduled to occur before an Immigration Judge on August 6, 2026 at 9:00 a.m. (Id. at 2.) Accordingly, Respondents shall file a status letter within three (3) days of the date of this Order advising the Court whether the bond hearing occurred, whether bond was granted or denied, whether Petitioner remains detained or has been released, and, if released, the date of release. Petitioner may file a Reply within (3) days thereafter. So Ordered by Judge Jamel K. Semper on 8/14/2026. (sms) (Entered: 08/14/2026)

Aug 14, 2026

Order to Answer

#11

Aug 17, 2026

Letter from Respondents with Status Update Concerning Petitioner's Bond Hearing. (Attachments: # 1 Exhibit Aug. 6, 2026 IJ Order)(MILLER, STEVEN) (Entered: 08/17/2026)

#12

Aug 18, 2026

Emergency MOTION for Order to Show Cause for Leave to Amend Petition for Habeas Corpus Requesting Immediate Release due to Warrantless Arrest and Eight Amendment Violations by GABRIELE SILVA DE SOUZA. (Attachments: # 1 Memorandum Memorandum in Support of Motion to Amend, # 2 Text of Proposed Order Proposed Order)(SIMBRON, NOEMI) (Entered: 08/18/2026)

#13

Aug 19, 2026

TEXT ORDER: The Court has reviewed Petitioner's Emergency Motion for Leave to Amend the Petition. (ECF No. 12.) Because the proposed amendment concerns developments that allegedly occurred after the filing of the original Petition (ECF No. 1), including, but not limited to Petitioner's allegations that her medical condition has deteriorated during her detention, that she has experienced repeated fainting episodes, and that Respondents have failed to provide constitutionally adequate medical care, the Court finds good cause to permit the amendment. Accordingly, Petitioner's Motion for Leave to Amend (ECF No. 12) is GRANTED. Respondents shall file, within two (2) days of the date of this Order, a response addressing Petitioner's allegations concerning her medical condition, the medical care she has received while detained, the factual basis for her allegations of repeated fainting episodes, and whether her current medical condition warrants any modification of her custody status or other relief. Respondents shall include any relevant medical records or other documentation supporting their response to Petitioner's medical claims. Additionally, Respondents shall file, within seven (7) days of the date of this Order, a supplemental response addressing the remaining claims in the Amended Petition (ECF No. 12-1). Petitioner may file a reply within three (3) days after Respondents file their responses. So Ordered by Judge Jamel K. Semper on August 19, 2026.(mfr) (Entered: 08/19/2026)

Aug 19, 2026

Text Order

#14

Aug 21, 2026

Letter from Respondents Regarding Petitioner's Medical Condition and Treatment. (Attachments: # 1 Exhibit Patient Medical Records)(MILLER, STEVEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 08/21/2026)

#15

Aug 25, 2026

TEXT ORDER: The Court has reviewed Respondents' Expedited Answer and the medical records submitted under seal. (ECF No. 14.) Although Respondents contend that Petitioner has received appropriate medical care and that immediate release is therefore unwarranted, the record raises serious concerns regarding Petitioner's current medical condition and the adequacy of her care while in custody. Of particular concern is the August 18, 2026 medical encounter, during which Petitioner reported that she felt as though she would faint and that, when she opened her eyes, she saw "darkness around the room." (Id. at 4.) The medical record further reflects that Petitioner was keeping her eyes closed during the encounter and reported nausea, vomiting, diarrhea, and diffuse abdominal pain. (Id.) These symptoms, considered together with her reported dizziness and documented blood pressure of 81/72 on August 5, 2026 (id.), present a sufficiently serious medical concern that the Court is not persuaded that continued detention is appropriate on the present record. The Court is also troubled by the apparent disconnect between Petitioner's reported symptoms and Respondents' characterization of the medical care provided. Although the records reflect that Petitioner was ultimately transported by ambulance to an emergency room on August 18, 2026, Respondents' submission does not adequately explain the nature and results of that evaluation, the diagnosis reached, any treatment provided, or whether Petitioner received appropriate follow-up care upon her return to detention. Moreover, the medical records reflect that, upon her return from UMDNJ on August 18, 2026, Petitioner's blood pressure was documented at 89/55, yet the record indicates only that she was offered a Gatorade in response. Respondents' submission does not adequately address this episode or explain why this course of care was sufficient in light of Petitioner's reported symptoms and documented low blood pressure. On the present record, the Court therefore remains concerned that continued detention may present a material risk to Petitioner's health and safety. Accordingly, having considered the record before it, the Court concludes that Petitioner shall be RELEASED from Respondents' custody forthwith, subject to any lawful conditions imposed by the appropriate immigration authorities. A written Opinion setting forth the Court's reasoning will follow. So Ordered by Judge Jamel K. Semper on August 25, 2026. (jml, ) (Entered: 08/25/2026)

Aug 25, 2026

Text Order

#16

Aug 28, 2026

Letter from Respondents Confirming Petitioner's Release. (MILLER, STEVEN) (Entered: 08/28/2026)