Newark, NJ – A federal judge has ordered the immediate release of Diana M. Rivera Zumba, a 44-year-old Ecuadorian woman who has lived in the United States for more than two decades, ruling that her detention violated federal immigration law and the Constitution.
In a decision issued Friday, U.S. District Judge Katharine S. Hayden found that Rivera Zumba’s confinement under Section 235 of the Immigration and Nationality Act was unlawful. The court held that the statute, which mandates detention for certain noncitizens during removal proceedings, did not apply to her case.
Rivera Zumba entered the country without inspection in 2002 and has remained in New Jersey ever since. She and her late husband were placed in removal proceedings in 2017, but after an initial denial of her application for cancellation of removal, her case was sent back to the immigration court in 2023 for further proceedings. She has been waiting nearly two years for a new hearing date.
Despite that procedural posture, immigration officials detained Rivera Zumba at the Delaney Hall facility in Newark. In her ruling, Judge Hayden said the detention violated both the INA and the Fifth Amendment’s Due Process Clause.
The court granted Rivera Zumba’s habeas petition, ordered her release within 24 hours, and temporarily barred immigration authorities from re-arresting her under a separate detention statute for 14 days to allow her to return home.
The ruling marks a significant victory for Rivera Zumba, whose legal battle has stretched on for more than six years.
