District of New Jersey • 2:26-cv-10927

#1

Aug 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17853584.), filed by HERLYN CRISTABEL PENA NUNEZ. (Attachments: # 1 Civil Cover Sheet)(GOLDMAN, MICHAEL) (Attachment 1 replaced on 8/25/2026) (jml, ). (Entered: 08/25/2026)

#2

Aug 25, 2026

MOTION for Order to Show Cause by HERLYN CRISTABEL PENA NUNEZ. (Attachments: # 1 Text of Proposed Order)(GOLDMAN, MICHAEL) (Entered: 08/25/2026)

#3

Aug 25, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Julien Xavier Neals on 8/25/2026. (jml, ) (Entered: 08/25/2026)

Aug 25, 2026

Add and Terminate Judges

Aug 25, 2026

Judge Julien Xavier Neals added. (jml, )

#4

Aug 26, 2026

NOTICE of Appearance by SHARI-ANN ALYCIA SASU on behalf of JASON BENZEL, DAVID VENTURELLA (SASU, SHARI-ANN) (Entered: 08/26/2026)

#5

Aug 26, 2026

Letter from Respondents re: Petitioner's Criminal History re 3 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E)(SASU, SHARI-ANN) (Entered: 08/26/2026)

#6

Aug 26, 2026

Letter from Michael Z. Goldman. (GOLDMAN, MICHAEL) (Entered: 08/26/2026)

#7

Aug 28, 2026

TEXT ORDER - Before the Court is Petitioner Herlyn Cristabel Pena Nunez's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging Petitioner's continued detention by immigration authorities without an individualized bond hearing. (ECF No. 1 .) Petitioner entered the United States in 2024 and contends that Petitioner is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1 .) Respondents filed a letter informing the Court that in 2026 Petitioner was charged with Second Degree Aggravated Assault and related charges. (See ECF No. 5 .) Respondents submit that Petitioner is detained under 8 U.S.C. § 1225(b)(2). (Id.) Based on this Court's statutory interpretation in Caiza Guevara v. Tsoukaris, No. 26-967 (JXN) and in Fuentes Velasquez v. Noem, No. 25-16797, 2025 WL 3653657 (D.N.J. Dec. 17, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under the plain text of § 1225(b)(1) or (b)(2), as Petitioner entered the country years ago and has been detained on the interior of the country. As such, Petitioner's continued detention under that statute is unlawful. Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1 ) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether Petitioner presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 8/28/2026. (kd) (Entered: 08/28/2026)

Aug 28, 2026

Terminate Civil Case

Aug 28, 2026

***Civil Case Terminated. (wh)

Aug 28, 2026

Text Order

#8

Sep 01, 2026

Letter from RESPONDENTS, PETITIONER'S BOND HEARING re 7 Text Order,,,,,,,,. (Attachments: # 1 Exhibit IJ Bond Hearing Order)(SASU, SHARI-ANN) (Entered: 09/01/2026)