District of New Jersey • 2:26-cv-09951

LOZANO PADILLA v. ROKOSKY

Completed

Case Information

Filed: August 06, 2026
Assigned to: Claire Claudia Cecchi
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 18, 2026
Last Activity: August 18, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 06, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17767596.), filed by YHODDY LOZANO PADILLA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Civil Cover Sheet Exhibit D)(MINOGUE, ALEXANDRA) (Entered: 08/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 06, 2026
MOTION for Temporary Restraining Order by YHODDY LOZANO PADILLA. (MINOGUE, ALEXANDRA) (Entered: 08/06/2026)
Main Document: Temporary Restraining Order
#3
Aug 06, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Claire C. Cecchi on 8/6/2026. (ijf) (Entered: 08/06/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 06, 2026
Judge Claire C. Cecchi added. (ijf)
Aug 06, 2026
Add and Terminate Judges
#4
Aug 08, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of TODD BLANCHE, MARKWAYNE MULLIN, ERIC ROKOSKY, DAVID VENTURELLA, ARTHUR WILSON (STRATIGEAS, CHRISTOPHER) (Entered: 08/08/2026)
Main Document: Notice of Appearance
#5
Aug 08, 2026
Letter from Counsel re Joint Status Report on Medical Issues and Criminal History re 3 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit 1 - Criminal History Report)(STRATIGEAS, CHRISTOPHER)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: 08/08/2026)
Main Document: Letter
#6
Aug 08, 2026
Letter from Respondents re 3 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit A - 2026 Form I-213, # 2 Exhibit B - Form I-200)(STRATIGEAS, CHRISTOPHER) (Entered: 08/08/2026)
Main Document: Letter
#7
Aug 10, 2026
BRIEF REPLY TO RESPONDENTS LETTER RESPONSE (MINOGUE, ALEXANDRA) (Entered: 08/10/2026)
Main Document: Brief
#8
Aug 14, 2026
TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus and a motion for a temporary restraining order ("TRO"). ECF Nos. 1-2. Petitioner alleges that she is being unlawfully detained under 8 U.S.C. § 1225(b), and notes that she is suffering from a high-risk pregnancy. ECF No. 1 at 1, 7-8. She requests immediate release or, in the alternative, an individualized custody determination before an Immigration Judge pursuant to 8 U.S.C. § 1226(a). Pursuant to this Court's order, ECF No. 3, the parties filed a joint status report regarding her pregnancy and criminal history. ECF No. 5. Respondents then filed an expedited answer maintaining the Petitioner is subject to mandatory detention under § 1225(b)(2), ECF No. 6 at 2, and Petitioner filed a reply that appears to repeat the allegations in her original petition. ECF No. 7 at 9. Under this Court's recent decisions in Ramos v. Soto, No. CV 25-15315 (MAS), 2025 WL 3251447 (D.N.J. Nov. 21, 2025) (finding that § 1225(b)(2) "does not apply to those aliens who entered the United States without inspection but were not apprehended upon their arrival"); Bethancourt Soto v. Soto, 807 F. Supp. 3d 397 (D.N.J. 2025) (same); Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (same); and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2). In light of Petitioner's ongoing pregnancy and recent medical needs, this Court has determined that the appropriate remedy is immediate release under reasonable conditions of supervision. See Boumediene v. Bush, 553 U.S. 723, 779 (2008) ("[C]ommon-law habeas corpus was, above all, an adaptable remedy. Its precise application and scope changed depending upon the circumstances."). See also Neves Souza Aguiar v. Rokosky, No. 2:26-cv-09506 (MCA) (D.N.J. Aug. 5, 2026). It is therefore ORDERED that Respondents shall release Petitioner within 24 hours of entry of this Order with reasonable conditions of supervision, and file a status report of compliance with this Order within three (3) days of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 8/14/2026. (jl, ) (Entered: 08/14/2026)
Aug 14, 2026
Text Order
#9
Aug 17, 2026
Letter from Respondents re: Petitioner's Release re 8 Text Order,,,,,,,,,. (STRATIGEAS, CHRISTOPHER) (Entered: 08/17/2026)
Main Document: Letter
#10
Aug 18, 2026
LETTER ORDER directing this matter be closed. Signed by Judge Claire C. Cecchi on 8/18/2026. (mlh) (Entered: 08/18/2026)
Main Document: Order
Aug 18, 2026
Terminate Civil Case
Aug 18, 2026
***Civil Case Terminated. (mlh)

Parties

LOZANO PADILLA
Party
ROKOSKY
Party