District of New Jersey • 2:26-cv-09054

#1

Jul 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17690518.), filed by HILDA MARLI CARRASCO RIVERA. (Attachments: # 1 Civil Cover Sheet)(ROMERO, CUSTODIO) (Entered: 07/21/2026)

#2

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)

Jul 21, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 21, 2026

Case Assigned to Judge Katharine S. Hayden. (mfr)

Jul 21, 2026

Case Assigned/Reassigned

#3

Jul 22, 2026

TEXT ORDER: Petitioner Hilda Marli Carrasco Rivera alleges that his mandatory detention by immigration authorities without notice and opportunity to be heard following his arrest by Immigration and Customs Enforcement ("ICE") officers violates his right to due process under the Fifth Amendment. (ECF No. 1, Petition at 3-4, 7-8.) Petitioner alleges he is not a flight risk or danger to society, and that he can submit documents establishing his community ties and good moral character. (Id. at 7.) In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 48 hours and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable or that he has a criminal history, they shall file an expedited answer in 48 hours, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 3) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/22/26. (cm, ) (Entered: 07/22/2026)

#4

Jul 22, 2026

Notice of Appearance

Jul 22, 2026

Order

#5

Jul 23, 2026

Letter

Jul 24, 2026

Terminate Civil Case

Jul 24, 2026

Order