District of New Jersey • 2:26-cv-10655

#1

Aug 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 54924.), filed by ANGELA MARIELA GARCIA SAAVEDRA. (Attachments: # 1 Declaration, # 2 Exhibits)(wh) (Entered: 08/20/2026)

#2

Aug 20, 2026

EMERGENCY MOTION for Temporary Restraining Order and Order to Show Cause by ANGELA MARIELA GARCIA SAAVEDRA. (Attachments: # 1 Proposed Order)(wh) (Entered: 08/20/2026)

#3

Aug 20, 2026

ORDER: Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 8/20/2026. N/M (wh) (Entered: 08/20/2026)

Aug 20, 2026

QC - Generic Message

Aug 20, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 PETITION for Writ of Habeas Corpus, 1 -1 Declaration, and 2 EMERGENCY MOTION for Temporary Restraining Order and Order to Show Cause submitted by ANGELA MARIELA GARCIA SAAVEDRA on 8/20/2026 did not contain proper wet/hand signatures of Petitioner. PLEASE RESUBMIT THE DOCUMENTS WITH PROPER WET/HAND SIGNATURES. These submissions will remain on the docket unless otherwise ordered by the Court. N/M (wh)

#4

Aug 24, 2026

NOTICE of Appearance by NITIN ARADHYA on behalf of WARDEN (ARADHYA, NITIN) (Entered: 08/24/2026)

#5

Aug 24, 2026

Letter. (Attachments: # 1 Exhibit VWP Notice of Intent to Issue a Final Administrative Removal Order, # 2 Exhibit Form I-213, # 3 Exhibit Final Administrative Removal Order)(ARADHYA, NITIN) (Entered: 08/24/2026)

#6

Aug 24, 2026

NOTICE of Appearance by STEPHANIE ELIZABETH GIBBS on behalf of ANGELA MARIELA GARCIA SAAVEDRA (GIBBS, STEPHANIE) (Entered: 08/24/2026)

#7

Aug 24, 2026

MOTION for Leave to Appear Pro Hac Vice by ANGELA MARIELA GARCIA SAAVEDRA. (Attachments: # 1 Applicant's Statement in Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order)(GIBBS, STEPHANIE) (Entered: 08/24/2026)

#8

Aug 24, 2026

NOTICE to the court by ANGELA MARIELA GARCIA SAAVEDRA. (adc, ) (Entered: 08/25/2026)

Aug 25, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Aug 25, 2026

Set Deadlines as to 7 MOTION for Leave to Appear Pro Hac Vice . Motion set for 9/21/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

#9

Aug 26, 2026

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice as to Lauren Rachel O'Neal, Esq. Signed by Judge Brian R. Martinotti on 8/26/2026. (fbm) (Entered: 08/26/2026)

#10

Aug 26, 2026

Joint MOTION for Extension of Time to File Joint Status Report by ANGELA MARIELA GARCIA SAAVEDRA. (Attachments: # 1 Text of Proposed Order)(GIBBS, STEPHANIE) (Entered: 08/26/2026)

Aug 26, 2026

Set Deadlines as to 10 Joint MOTION for Extension of Time to File Joint Status Report. Motion set for 9/21/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

Aug 26, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#11

Aug 28, 2026

ORDER granting 10 Joint MOTION for Extension of Time to File Joint Status Report to August 27, 2026. Signed by Judge Brian R. Martinotti on 8/28/2026. (mj) (Entered: 08/28/2026)

#12

Aug 28, 2026

STATUS REPORT (Joint) by ANGELA MARIELA GARCIA SAAVEDRA. (GIBBS, STEPHANIE) (Entered: 08/28/2026)

#13

Sep 02, 2026

AMENDED COMPLAINT First Amended Petition for Writ of Habeas Corpus against ATTORNEY GENERAL OF THE UNITED STATES, DIRECTOR, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY, JOHN TSOUKARIS, WARDEN, filed by ANGELA MARIELA GARCIA SAAVEDRA. (Attachments: # 1 Exhibit A, B, C, D, and E)(GIBBS, STEPHANIE) (Entered: 09/02/2026)

#14

Sep 03, 2026

TEXT ORDER: Before the Court is Petitioner's Motion for a Temporary Restraining Order ("TRO") seeking to enjoin Petitioner's transfer from New Jersey. (ECF No. 2.) On August 20, 2026, the Court enjoined Respondents from transferring Petitioner from New Jersey. Accordingly, it is ORDERED that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE the TRO Motion. (ECF No. 2.). So Ordered by Judge Brian R. Martinotti on 09/03/2026. (lr, ) (Entered: 09/03/2026)

#15

Sep 03, 2026

TEXT ORDER: Before the Court is Petitioner Angela Mariela Garcia Saavedra's ("Petitioner") Amended Petition for Writ of Habeas Corpus challenging her unlawful detention and submitting claims regarding her emergent medical condition. (ECF No. 13.) Respondents filed an answer to Petitioner's initial petition claiming that Petitioner is lawfully detained pursuant to 8 U.S.C. § 1187(c)(2)(E) as she violated the Visa Waiver Program ("VWP") conditions. (ECF No. 5.) Alternatively, Respondents asserted Petitioner is subject to a final order of removal pursuant to 8 U.S.C. § 1231. (Id.) First, § 1187 does not give respondents the authority to detain noncitizens. See, e.g., Molina v. Soto, No. 25-cv-16880, 2025 WL 3281820, at *2 (D.N.J. Nov. 25, 2025) ("The text of § 1187(c)(2)(E) says nothing about [ICE's] authority to arrest and detain a person who has overstayed under the VWP.") Second, although Respondents submit a VWP Final Administrative Removal Order which indicates the "order is final and not subject to administrative appeal," and that the Department of Homeland Security "will proceed with your removal... unless a court order is issued to stay your removal or an application for asylum, withholding or deferral of removal is pending before the... Executive Office for Immigration Review" (ECF No. 5-3), in the Amended Petition, Petitioner submits that she has now executed an application for asylum, which may render her no longer mandatorily detained pursuant to § 1231. (ECF No. 13 at 9.) Finally, Petitioner has provided evidence that she previously was diagnosed with ovarian cancer and was scheduled for diagnostic testing to evaluate recent reoccurrence of symptoms on the day that she was detained. (See generally id.) Petitioner submits that she is experiencing severe abdominal pain, along with other worsening symptoms, and is not being provided with the diagnostic testing that has been ordered by her treating physician. (Id.) The Third Circuit's decision in Lucas v. Hadden, 790 F.2d 365 (3d Cir. 1986) holds that "bail may be granted to a habeas petitioner prior to a ruling on the merits of the petition" where "extraordinary circumstances" are present, and courts in this District have applied this reasoning in immigration habeas cases. The Court finds Petitioner has presented extraordinary circumstances based on her medical condition. Accordingly, it is ORDERED that Petitioner is granted bail and Respondents shall release Petitioner by 10:00 a.m. on September 4, 2026 pending adjudication of her Petition. It is further ORDERED that the parties shall meet and confer and update the Court within forty-five days of the date of this Text Order regarding if the statutory authority for Petitioner's detention has changed following her application for asylum and if there are any issues left for the Court to adjudicate or if the case can be closed. So Ordered by Judge Brian R. Martinotti on 9/3/26. (Fiore, J) (Entered: 09/03/2026)

Sep 03, 2026

Text Order

Sep 03, 2026

Order

#16

Sep 04, 2026

Letter. (ARADHYA, NITIN) (Entered: 09/04/2026)

Sep 04, 2026

QC - Generic Message

Sep 04, 2026

CLERK'S QUALITY CONTROL MESSAGE - Case Closed in Error, Please Disregard. (wh)

#17

Sep 16, 2026

Order of Dismissal