District of New Jersey • 2:26-cv-09039

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17689243.), filed by BRENDA JASMINA MELENDEZ LOPEZ. (Attachments: # 1 Proposed Order, # 2 Order to Show Cause, # 3 Certificate of Service Certificate of Service, # 4 Civil Cover Sheet JS 44 Civil Cover Sheet, # 5 Exhibit Exhibit A - Detainee Locator, # 6 Exhibit Exhibit B - ACIS, # 7 Exhibit Exhibit C - Maldonado Final Judgment)(PEREZ, JOHN) (Entered: 07/21/2026)

#2

Jul 21, 2026

MOTION for Temporary Restraining Order by BRENDA JASMINA MELENDEZ LOPEZ. (Attachments: # 1 Proposed TRO)(PEREZ, JOHN) (Entered: 07/21/2026)

#3

Jul 21, 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 7/21/2026. (mfr) (Entered: 07/21/2026)

#4

Jul 21, 2026

TEXT ORDER - Before the Court is Petitioner Brenda Jasmina Melendez Lopez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging her continued detention by immigration authorities without an individualized bond hearing (ECF No. 1 ) and her Motion for a Temporary Restraining Order (ECF No. 2 ). Petitioner, a native of Nicaragua, who entered the United States in 2022, contends she is unlawfully detained under 8 U.S.C. § 1225(b). (See generally ECF No. 1 .) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as she entered the country years ago and has been detained in the interior of the country. As such, her continued detention under that statute is unlawful. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to her detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) or (b)(2) which the Court has found inapplicable to her. It is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is further ORDERED that Petitioner's Motion for Temporary Restraining Order (ECF No. 2 ) is DISMISSED as moot. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Caiza Guevara and Fuentes Velasquez, or if Petitioner has an undisclosed criminal history, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Julien Xavier Neals on 7/21/2026. (kd) (Entered: 07/21/2026)

Jul 21, 2026

Case Assigned to Judge Julien Xavier Neals. (mfr)

Jul 21, 2026

Order on Motion for TRO

Jul 21, 2026

Case Assigned/Reassigned

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order

#5

Jul 22, 2026

Letter from Respondents re: Update re: Release. (DOYNE, BROOKS) (Entered: 07/22/2026)

Jul 23, 2026

Text Order

Jul 23, 2026

Terminate Civil Case