District of New Jersey • 1:26-cv-10628

#1

Aug 20, 2026

First PETITION for Writ of Habeas Corpus and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 5 receipt number ANJDC-17829871.), filed by ROSELINE EGHAREVBA. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Exhibit)(MIRON, ALEXANDRA) (Entered: 08/20/2026)

#2

Aug 20, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Christine P. O'Hearn on 8/20/26. (jbb) (Entered: 08/20/2026)

Aug 20, 2026

Judge Christine P. O'Hearn added. (jbb)

Aug 20, 2026

Add and Terminate Judges

#3

Aug 21, 2026

NOTICE of Appearance by FRANCES C. BAJADA on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA (BAJADA, FRANCES) (Entered: 08/21/2026)

#4

Aug 21, 2026

Letter from U.S. Attorney's Office on behalf of the parties responding to ECF 2. (BAJADA, FRANCES) (Entered: 08/21/2026)

#5

Aug 22, 2026

TEXT ORDER. The Court is in receipt of Respondents' letter. (ECF No. 4). Respondents shall provide a status update regarding Petitioner's medical conditions by August 24, 2026, and shall otherwise respond to the Petition or release Petitioner within the time set forth in the Court's previous Order. (ECF No. 2). So Ordered by Judge Christine P. O'Hearn on 8/22/2026. (jml, ) (Entered: 08/22/2026)

Aug 22, 2026

Text Order

#6

Aug 23, 2026

Letter from U.S. Attorney's Office responding to ECF 2. (Attachments: # 1 Exhibit A - Aug.19, 2026 Form I-213, # 2 Exhibit B - Sep. 17, 1996 IJ Order, # 3 Exhibit C - Mar. 8, 2022 IJ Order, # 4 Exhibit D - Aug. 19, 2026 Notice of Intent/Decision to Reinstate Prior Order)(BAJADA, FRANCES) (Entered: 08/23/2026)

#7

Aug 24, 2026

Letter from U.S. Attorney's Office providing an update regarding Petitioner's care. (Attachments: # 1 Exhibit Medical Records)(BAJADA, FRANCES)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: 08/24/2026)

#8

Aug 25, 2026

TEXT ORDER: The Court is in receipt of Respondents' August 23, 2026, submission concerning the statutory basis for Petitioner's detention. (ECF No. 6). Respondents assert Petitioner's removal order was reinstated on August 19, 2026. (Id. at 2). But Respondents' records reflect that, on March 8, 2022, an Immigration Judge granted Petitioner withholding of removal to Nigeria. (See ECF No. 6-3). Because withholding-only proceedings are generally only available following reinstatement of a prior removal order, see 8 C.F.R. §§ 241.8(e), 1208.31, it appears to the Court that Petitioner's removal order was reinstated at some point before the March 2022 withholding-only proceedings. Respondents' submission does not address any prior reinstatement, the circumstances under which Petitioner was placed into withholding-only proceedings, or the effect of any earlier reinstatement on the asserted statutory basis for her present detention. Accordingly, by September 1, 2026, Respondents shall file a supplemental response that (1) addresses these issues and produce any and all records relevant to any reinstatement of Petitioner's removal order prior to August 19, 2026, including any Form I-871, reasonable-fear determination or related records, records concerning the initiation and disposition of Petitioner's withholding-only proceedings, and records concerning Petitioner's custody or release following any earlier reinstatement; (2) addresses the effect of any prior reinstatement on their contention that Petitioner is presently lawfully detained under 8 U.S.C. § 1231; (3) addresses whether Petitioner's removal is likely to occur in the reasonably foreseeable future, including a declaration from an appropriate official and any documents related to any efforts taken at any time to effectuate her removal. Petitioner may file a reply within five (5) days after Respondents file their supplemental response. So Ordered by Judge Christine P. O'Hearn on 8/25/2026. (hem, ) (Entered: 08/25/2026)

Aug 25, 2026

Text Order

#9

Sep 01, 2026

Letter from U.S. Attorney's Office responding to the August 25, 2026 Order, ECF 8. (Attachments: # 1 Declaration of Kevin Mercado Gonzales dated September 1, 2026, # 2 Exhibit A - February 2, 2005 Form I-213, # 3 Exhibit B - April 8, 2009 Form I-213, # 4 Exhibit C - April 8, 2009 Form I-871)(BAJADA, FRANCES) (Entered: 09/01/2026)

#10

Sep 02, 2026

ORDER Granting the Petition to the extent it challenges Petitioner's currentdetention under 8 U.S.C. § 1231(a)(6); ORDERED that Respondents shall IMMEDIATELY RELEASE Petitioner from custody; ORDERED that Respondents are ENJOINED from re-detaining Petitioner pursuant to 8 U.S.C. § 1231(a)(6) absent materially changed circumstances bearing on the reasonable foreseeability of her removal. Signed by Judge Christine P. O'Hearn on 9/2/2026. (dmr) (Entered: 09/02/2026)

#11

Sep 02, 2026

MOTION to Seal Exhibit 1 of ECF 7 by JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA. (Attachments: # 1 Declaration of Frances Bajada, # 2 Text of Proposed Order)(BAJADA, FRANCES) (Entered: 09/02/2026)

Sep 02, 2026

***Civil Case Terminated. (dmr)

Sep 02, 2026

Terminate Civil Case

#12

Sep 04, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, DAVID VENTURELLA (LASERNA, JESSICA) (Entered: 09/04/2026)

#13

Sep 04, 2026

Letter from U.S. Attorney's Office reporting Petitioner's release. (BAJADA, FRANCES) (Entered: 09/04/2026)

#14

Sep 09, 2026

OPINION. Signed by Judge Christine P. O'Hearn on 9/9/2026. (lag, )

#15

Sep 09, 2026

Order on Motion to Seal