District of New Jersey • 2:26-cv-13068

#1

Oct 06, 2026

First PETITION for Writ of Habeas Corpus V. LUIS SOTO ET AL ( Filing fee $ 5 receipt number ANJDC-18035909.), filed by ANDREA CAROLINA HENAO DIAZ. (Attachments: # 1 Civil Cover Sheet)(DUQUE-ISERN, STEPHANIE) (Attachment 1 replaced on 10/6/2026) (jml, ). (Entered: 10/06/2026)

#2

Oct 06, 2026

First MOTION for Temporary Restraining Order V. LUIS SOTO ET AL by ANDREA CAROLINA HENAO DIAZ. (DUQUE-ISERN, STEPHANIE) (Entered: 10/06/2026)

#3

Oct 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 10/6/2026. (jml, ) (Entered: 10/06/2026)

Oct 06, 2026

CLERK'S QUALITY CONTROL MESSAGE - The Civil Cover Sheet [1-2] filed by STEPHANIE MARIE DUQUE-ISERN on 10/6/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (jml, )

Oct 06, 2026

Judge Claire C. Cecchi added. (jml, )

Oct 06, 2026

Add and Terminate Judges

Oct 06, 2026

QC - Fillable PDF

#4

Oct 09, 2026

Letter from Petitioner regarding compliance re 3 Emergent Immigration Habeas Non-transfer Order. (DUQUE-ISERN, STEPHANIE) (Entered: 10/09/2026)

#5

Oct 09, 2026

NOTICE of Appearance by SHRIRAM HARID on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS, DAVID VENTURELLA (HARID, SHRIRAM) (Entered: 10/09/2026)

#6

Oct 13, 2026

Letter from Respondents. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(HARID, SHRIRAM) (Entered: 10/13/2026)

#7

Oct 15, 2026

TEXT ORDER - The Court is in receipt of Petitioner's petition for a writ habeas corpus, ECF No. 1, and Respondents' letter in response, ECF No. 6. Respondents contend that Petitioner is subject to mandatory detention under 8 U.S.C § 1187(c)(2)(E) "because she violated the conditions of the Visa Waiver Program ("VWP") and is subject to a Final Administrative Removal Order." Id. At 2. Respondents acknowledge, however, that "that their argument relies on the same statutory interpretation arguments rejected in prior § 1187 matters in this District", id. at 1 n.2, including in a recent case before this Court. See De Villegas Carrasco v. Wilson, No. 26-8685 (CCC), 2026 WL 2754375, at *2 (D.N.J. Sept. 17, 2026) (collecting cases). The facts of this case are materially similar in that Petitioner overstayed her VWP visa, has a Final Administrative Order of Removal, and filed an asylum application that is still pending. ECF No. 1 1. So, for the same reasons as in De Villegas Carrasco, the Court finds that § 1187(c)(2)(E) cannot authorize Petitioner's detention. Accordingly, because Respondents do not identify any other basis or authority to detain Petitioner, they are hereby ORDERED to release petitioner within forty-eight (48) hours of the entry of this order. So Ordered by Judge Claire C. Cecchi on 10/15/2026. (jl, ) (Entered: 10/15/2026)

Oct 15, 2026

Text Order

#8

Oct 19, 2026

TEXT ORDER - Respondents are hereby ordered to provide the Court with a status update as to Petitioner's release as ordered at ECF No. 7. The update shall be filed within forty-eight (48) hours of the entry of this order. So Ordered by Judge Claire C. Cecchi on 10/19/2026. (jl, ) (Entered: 10/19/2026)

Oct 19, 2026

Text Order

#9

Oct 20, 2026

Letter from Respondents RE: Petitioner's Release. (HARID, SHRIRAM) (Entered: 10/20/2026)