District of New Jersey • 2:26-cv-11866

#1

Sep 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17929822.), filed by KAMMY STEFFI MONTERO GOYCOCHEA. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Notice to Appear and Form I-286 Notice of Custody Determination, # 3 Exhibit Passport, # 4 Exhibit I-94, # 5 Exhibit Marriage Certificate, # 6 Exhibit I-130, # 7 Exhibit PROMIS/Gavel, # 8 Exhibit DACA Renewal Receipt)(CARDENAS, VERONICA) (Entered: 09/11/2026)

#2

Sep 11, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Katharine S. Hayden on 9/11/2026. (jml, ) (Entered: 09/11/2026)

Sep 11, 2026

Judge Katharine S. Hayden added. (jml, )

Sep 11, 2026

Add and Terminate Judges

#3

Sep 13, 2026

Letter from Respondents Reporting Petitioner Detained Pursuant to 8 U.S.C. Sec. 1231(a) re 2 Emergent Immigration Habeas Non-transfer Order. (Attachments: # 1 Exhibit A - Form I-213, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Warrant of Removal)(LASERNA, JESSICA) (Entered: 09/13/2026)

#4

Sep 13, 2026

NOTICE of Appearance by JESSICA LASERNA on behalf of JONATHAN FLORENTINO, MARKWAYNE MULLIN, LUIS SOTO (LASERNA, JESSICA) (Entered: 09/13/2026)

#5

Sep 15, 2026

Letter

#6

Sep 21, 2026

Letter

#7

Sep 25, 2026

Letter

#8

Sep 30, 2026

Letter

#9

Oct 08, 2026

TEXT ORDER: This matter comes before the Court on Petitioner Kammy Steffi Montero Goycochea's petition for a writ of habeas corpus (ECF No. 1, "Petition") in which she seeks immediate release from custody or an individualized bond hearing where the government has the burden of proving by clear and convincing evidence that continued custody is necessary. The Petition is GRANTED to the extent that Respondents shall provide a bond hearing. Petitioner is a native and citizen of Peru who entered the United States on or about January 4, 2000, at the age of five years old. (ECF No. 1 at 1.) On April 4, 2008, at the age of thirteen years old, Petitioner was ordered removed in absentia, but she remained living in the United States with a removal order after receiving Deferred Action for Childhood Arrivals ("DACA"). (Id. at 2.) Petitioner has a U.S. citizen spouse and an approved I-130 application. (Id.) During the interview for her I-130 on September 11, 2026, she was detained by immigration officials due to her timely-filed DACA renewal not being adjudicated before its expiration. (Id.) On September 30, 2026, Petitioner informed this Court that a joint motion to reopen her removal proceedings before the immigration court was granted by the immigration judge. (ECF No. 8.) Because Petitioner's removal order has been vacated and her proceedings are now pending, her detention is governed by 8 U.S.C. § 1226(a), not 8 U.S.C. § 1231. Accordingly, it is ORDERED that Respondents shall provide Petitioner with a bond hearing within seven (7) days of this Order in accordance with 8 U.S.C. § 1226(a). Petitioner shall have the burden at the bond hearing of proving that she is neither a flight risk nor a danger to the community. See Borbot v. Warden, Hudson Cnty. Corr. Facility, 906 F.3d 274, 278-79 (3d Cir. 2018) ("[U]nder § 1226(a) the burden remains on the detainee at all times."). 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 this Court.. So Ordered by Judge Katharine S. Hayden on 10/8/26. (cm, ) (Entered: 10/08/2026)

#10

Oct 08, 2026

Dismiss

Oct 08, 2026

Order

#11

Oct 13, 2026

Order of Dismissal