District of New Jersey • 1:26-cv-09088

SERRANO-MENDOZA v. BENZEL

Active

Case Information

Filed: July 21, 2026
Assigned to: Edward S. Kiel
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 21, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17692535.), filed by ROSALIA SERRANO-MENDOZA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/21/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 21, 2026
Emergency MOTION for Temporary Restraining Order by ROSALIA SERRANO-MENDOZA. (Attachments: # 1 Text of Proposed Order)(MONTERO, FRANKLIN) (Entered: 07/21/2026)
Main Document: Temporary Restraining Order
#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. (jml, ) (Entered: 07/21/2026)
Jul 21, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 21, 2026
Judge Edward S. Kiel added. (jml, )
Jul 21, 2026
Add and Terminate Judges
#4
Jul 22, 2026
TEXT ORDER: According to petitioner, respondents are presently detaining her under the mandatory detention provisions of 8 U.S.C. § 1225. (ECF No. 1 pp. 14, 15.) I preliminarily conclude that petitioner is being unlawfully detained under 8 U.S.C. §1225 because petitioner was apprehended inside the United States after residing here for an extended period, and therefore she should have been detained under 8 U.S.C. §1226. See Ayala Amaya v. Bondi, No. 25-cv-16428, 2025 WL 3033880, D.N.J. Oct. 30, 2025). If respondents contend that Ayala Amaya is factually distinguishable, they shall file an expedited answer to the Petition within 3 days of this Order, and petitioner shall file any reply within 3 days of the answer. Respondents may redact any sensitive information belonging to petitioner or persons not before this Court but may not redact names or signatures of immigration officials or other public employees. Otherwise, respondents shall RELEASE petitioner within 24 hours under the same conditions, if any, that existed prior to her detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. So Ordered by Judge Edward S. Kiel on 7/22/2026. (gn, ) (Entered: 07/22/2026)
Jul 22, 2026
Text Order
#5
Jul 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Jul 27, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition

Parties

BENZEL
Party
SERRANO-MENDOZA
Party